O combate às fake news na propaganda eleitoral e o risco de excesso na atuação estatal

Abstract

This work seeks to investigate the fake news phenomenon to prevent its harmful effects on the electoral process. In the absence of a precise legal definition, it is considered quite complex to try to prohibit what cannot be conceptualized. The risk of adopting very broad definitions can threat the freedom of expression and information, which can compromise democracy itself, given the risk of the State becoming a censorship body. Therefore, it is necessary to understand to what extent the speech in the context of electoral campaign should be protected and when it should not be. It is argued that the legal mechanisms currently available in the national order are sufficient to counter fake news and that excessive regulation generates more risks than gains for the democracy that is supposed to be protected. The real transformation depends on media literacy policies that empower the individual and civil society.