Digital Constitutionalism: freedom of speech and platforms accountability^*

Constitucionalismo Digital: liberdade de expressão e responsabilidade das plataformas

Abstract:

This paper exploring Freedom of Speech in the context of Digital Constitutionalism is the second of a series of articles on the topic of democratic control and enforcement of fundamental rights in the internet environment. In this context, the paper develops the idea that self-regulation is not enough to adequately guarantee freedom of expression in a responsible manner in the digital environment. Comparing the European Union and Brazilian initiatives, the paper considers that big techs and their global social platforms occupy a relevant space that congregates traditional public authority powers in a private system. It is in this intersection that the concept of Digital Constitutionalism can be seen as a way of bringing democratic and constitutional control to the environment of public and private digital powers.

Keywords:
digital constitutionalism; digital platforms; freedom of expression; democratic control; fundamental rights