Liberdade de expressão e arquitetura de escolhas: um “empurrão” em direção a redes mais sociais

Abstract

This article draws from the teachings of behavioral science to support the use of nudges as the preferred solution for regulating the exercise of freedom of expression on social networks, since it is in line with the prima facie preferential nature of freedom of expression and the rule of art.19 of the Marco Civil da Internet. Thus, the theoretical and normative basis for defending the regulation of choice architectures guided by network providers' algorithms is presented first. After that, some examples of promising nudges will be enunciated, compatible with the Brazilian legal system, whose use could be encouraged to reduce the circulation of fake news on networks, without prejudice to the enumeration of some of the limitations of the proposed approach.