SYSTEMS THEORY, POWER AND THE MASSES: SOCIAL MEDIA AND GOVERNMENTAL LIMITS

Abstract

The present article, developed through the logical-deductive method and grounded in national and international legal literature, takes as its central element social networks under the lens of Michel Foucault’s theory of power, Niklas Luhmann’s Systems Theory, Zygmunt Bauman’s view of liquid modernity, and Elias Canetti’s perspective on the formation of masses. In this way, it seeks to shed light on the research question: what is the role—if any—of States in the regulation of social networks? The study draws on the theories of the aforementioned authors, going beyond a mere discussion of whether or not social networks can be regulated in light of the classic clash between liberal premises and the currents that admit state intervention as a means of ensuring public peace. The analysis considers the characteristics of contemporary society and communication mediated by social networks, as well as the limitations and prerogatives of the State. The conclusion reached points to the possibility of regulation, without, however, neglecting the need to preserve individual rights, especially those related to privacy and intimacy.