A responsabilidade civil das redes sociais em decorrência das fake news divulgadas em suas plataformas quando violadoras de direitos da personalidade

Abstract

The present work aims to analyze the civil responsibility of social networks in the face of the fake news violating the rights of the personality disclosed in its platforms, showing the understanding of the doctrine and jurisprudence on the subject. The civil liability of social networks is discussed before and after the Civil Internet Framework. Criticism is also made of the new understanding brought by Law 12.965 / 2014 on accountability of application providers. In addition, the new phenomenon of fake news is exposed and how they can generate damages to the rights of the personality, especially when they are spread in the social networks. Thus, there is the study among the limits on freedom of manifestation, so that there is no violation of other fundamental rights. It also examines the relevance of personal rights and types of civil liability, with a chapter on the general theory of civil liability, focusing on off-balance-sheet damages.