Marco Civil da Internet (Law nº 12,965/14) and the contemporary challenges to the civil liabilityof providers in the era of fake news

Abstract

The proliferation of fake news, hate speech, as well as information manipulation in the digital era demands a constant reevaluation of the legal framework that regulates the functioning of the internet. In this context, the present article aims to analyze the civil liability of internet providers in light of the Marco Civil da Internet (MCI). It also seeks to identify challenges and propose solutions for a more ethical and transparent digital environment. The research demonstrates that, although the MCI has been an important milestone for internet regulation in Brazil, its provisions need to be revised to allow keeping up with the rapid technological evolution and new practices of information manipulation. Given this scenario, the study proposes a revision of the civil liability regime for providers, with the goal of strengthening the protection of users’ rights, ensuring network neutrality, and promoting a digital environment that favors freedom of expression, access to information, and plurality of voices. The research concludes that adapting the MCI to contemporary challenges is fundamental to preserving democracy and ensuring a more just and equitable digital future. This is a dogmatic legal research that utilizes documents, legislation, and literature review to produce the result.