Freedom of Speech and the Regulatory Challenges of Digital Platforms

Abstract

This paper investigates how freedom of expression can be affected by proposals to regulate digital platforms. Drawing on conceptual and historical foundations, the central question is under what conditions the full exercise of free expression may be limited to prevent the distortion of ideas through disinformation. The study addresses the complexities arising from the tension between information scarcity and excess, and the resulting risks to freedom of expression. It also examines the challenge of adapting these platforms to fundamental values while preserving the democratic principles enshrined in the Constitution. The article contributes to the analysis of current regulatory models, exploring methods for combating disinformation and the spread of fake news in the digital environment. The study concludes that digital platforms should be managed through a "regulated self-regulation" model. This would enable the monitoring of platforms under the supervision of both civil society and the State, thereby maintaining freedom of expression for social evolution and preventing the erosion of this essential right. The research uses a deductive method, combining qualitative and quantitative approaches with bibliographic analysis and a review of legislative texts.