Case Law on Content Moderation and Freedom of Expression
Hosted by the Escola Paulista da Magistratura (São Paulo School of Judges)
in cooperation with Columbia Global Freedom of Expression
The event will be in English and Portuguese with simultaneous interpretation.
Due to the massive use of the internet as a vehicle for the exercise of freedom of expression, resulting in a large number of judicial processes on it in Brazil, and the actual difficulty in implementing effective protection of freedom of expression and at the same time guaranteeing safeguard to other rights that have the same level of constitutional and legal protection, the course objective is to study the current academic and judicial trends on the mentioned subject, nationally and internationally, to assist legal operators in the task of solving the practical problems that have emerged.
In terms of content moderation of hate speech, political issues, defamation and disinformation there are reasonable concerns about when and how certain discourses can be taken down without perishing the legitimate exercise of freedom expression and the convenience of giving such a powerful toll to private actors, the Internet intermediaries, especially social media.
Researcher at Max Planck Institute Erik Tuchtfeld and judge of São Paulo Court of Justice Fernando Henrique de Oliveira Biolcati-PhD will discuss how the power of social media over content moderation impacts the legal and judicial understanding about what is lawful or not in terms of legitimate exercise of freedom of expression and how the legal system can balance the power of intermediaries in shaping the public discussion.
- Dr. Flavio Luiz Yarshell, University of São Paulo, Arcadas Foundation
- Erik Tuchtfeld, Max Planck Institute
- Fernando Henrique de Oliveira Biolcati, São Paulo Court of Justice; São Paulo School of Judges
This webinar was made possible with support of UNESCO Multi-Donor Programme on Freedom of Expression and Safety of Journalists (MDP)
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Erik Tuchtfeld is a research fellow at the Max Planck Institute for Comparative Public Law and International Law (Heidelberg) and Associate Editor at Verfassungsblog. From 2020 until 2022, he worked as a legal clerk at the Higher District Court of Celle. He studied law at the University of Buenos Aires and Heidelberg University, from which he graduated in 2020. His research interests include comparative constitutional law, human rights law, in particular the right to privacy and freedom of expression, and the regulation of social media platforms.
Fernando Henrique De Oliveira Biolcati holds a Master’s degree and PhD in Civil Law from the Faculty of Law of the University of São Paulo (USP). His dissertation was a study on fake news, freedom of expression and civil liability of social networks. He is a Judge of Law of the Court of Justice of São Paulo (TJSP, Brazil) and Judge trainer of the São Paulo School of Judges (EPM-TJSP, Brazil). He has experience in the area of Law, with emphasis on Civil Law.
- Tuchtfeld, Erik. (2023) Case Law on Content Moderation and Freedom of Expression. Columbia Global Freedom of Expression, Special Collection.
- Análise jurisprudencial em português sobre liberdade de expressão ao redor do mundo por Columbia Global Freedom of Expression
- Biolcati, Fernando Henrique de Oliveira. Internet, “fake news” e responsabilidade civil. 296p. Tese (Doutorado em Direito) – Faculdade de Direito, Universidade de São Paulo, São Paulo, 2021.