Fake News in Brazil's 2018 Presidential Elections: A Systems Theory Approach to Judicial and Legal Responses

IF 1.4 2区社会学 Q2 CRIMINOLOGY & PENOLOGY

Social & Legal Studies Pub Date : 2022-04-18 DOI:10.1177/09646639221094152

Marco Antonio Loschiavo Leme de Barros, Lucas Fucci Amato, Diana Tognini Saba, Paula Pedigoni Ponce

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引用次数: 0

Abstract

This article adopts an approach from social systems theory to map the legislative and judicial responses produced by Brazilian law in light of the 2018 presidential election in Brazil, a political event marked by the mass dissemination of fake news. The study applies social systems theory to observe and interpret the legislative process in relation to a Draft Statute on Fake News which is part of a regulatory movement concerning digital communications and personal data in Brazil. The article combines this with observations on case law from the Superior Electoral Court regarding fake news dissemination during the 2018 presidential election. The results of these analyses demonstrate the difficulty of regulating fake news in Brazil and the problems with a legal framework based on the deference of the Judiciary to legislative decisions; its openness to technology experts; and the adoption of “regulated self-regulation” as a way of building an interface between legal and political national systems and transnational digital platforms.

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巴西2018年总统选举中的假新闻:司法和法律回应的系统理论方法

本文采用社会系统理论的方法，针对以假新闻大规模传播为标志的2018年巴西总统选举这一政治事件，绘制巴西法律所产生的立法和司法反应。该研究应用社会系统理论来观察和解释与假新闻法规草案有关的立法过程，假新闻法规草案是巴西数字通信和个人数据监管运动的一部分。这篇文章结合了高等选举法院对2018年总统选举期间假新闻传播的判例法观察。这些分析的结果表明，在巴西监管假新闻的困难，以及基于司法机构服从立法决定的法律框架的问题;它对技术专家的开放态度;采用“受监管的自我监管”作为在法律和政治国家系统与跨国数字平台之间建立接口的一种方式。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Social & Legal Studies Multiple-

CiteScore

3.30

自引率

0.00%

发文量

期刊介绍： SOCIAL & LEGAL STUDIES was founded in 1992 to develop progressive, interdisciplinary and critical approaches towards socio-legal study. At the heart of the journal has been a commitment towards feminist, post-colonialist, and socialist economic perspectives on law. These remain core animating principles. We aim to create an intellectual space where diverse traditions and critical approaches within legal study meet. We particularly welcome work in new fields of socio-legal study, as well as non-Western scholarship.