Hate speech in social networks: Brazilian case law

Rosane Leal da Silva Andressa Nichel Anna Clara Lehmann Martins Carlise Kolbe Borchardt About the authors

Considering the growing popularization of virtual social networks like Orkut, the easiness to spread harmful content in this media, and the need of law to adapt itself to the demands of the "information age", the present paper aims to elucidate whether and how the Brazilian Judicial System judges cases involving hate speech published in social networks. In order to fulfill this objective, two approaches have been used: one quantitative (systemic gathering of jurisprudential data in the tribunals'sites, having for filter the word "Orkut") and the other, qualitative (analysis of relevant case law). In conclusion, it was verified that the Judiciary in Brazil, although it receives few complaints about intolerant discourses conveyed in virtual network, it is positioned so as to privilege the dignity of people interacting in cyberspace.

Hate Speech; Constitutional Rights; Brazilian Judicial System; Social Networks; Internet

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