O 'CONTRATO DIGITAL' NA ERA DA DESINFORMAÇÃO REGULAÇÃO DE PLATAFORMAS E CONSTITUCIONALISMO DIGITAL

Taking the repercussions of the antidemocratic invasion of Brasília in January 8th 2023 as a reference point for the debate on platform regulation in Brazil, this paper has three objectives. First, to evaluate the theoretical foundations of disinformation campaigns and assess the equilibrium between freedom of speech and content moderation online, especially in the US and Brazil. Second, to explore potential avenues offered by the literature on digital constitutionalism for the discussion around platform regulation. Third, in light of the theoretical foundations mentioned above, to critically analyze the actions that the national government is considering in Brazil as an answer to the events of January 8th, with a focus on the actions that aim to modify the structure of platform governance. The paper comes to the conclusion that some Brazilian authorities are suggesting changes that may bring an adverse effect to our legal system, such as the chilling effect on public debate and the delegation of legal interpretation to the platforms, emphatically increasing their power. As a possible solution, the paper suggests that different actors should coordinate their efforts from a global and multistakeholder perspective to, alongside different digital platforms, promote changes based on strategies of co-regulation.