Regulatory Challenges of Online Disinformation: Analysis of National Legislation and International Approaches to Disinformation and Fake News
Authors: Lira Jorge Erik Teles de , Mariz Laíse , Coelho Isadora Moura Fé Cavalcanti 
Published: December 2024

Objective: The objective of this article is to critically analyze the regulatory strategies adopted nationally and internationally to deal with online disinformation, seeking to understand their implications in mitigating the effects of fake news in the digital sphere, such as the Brazilian Internet Civil Rights Framework, investigation of the impacts of Bill 2630/2020 (Fake News Law) on freedom of expression online

Theoretical Framework: The approach to dealing with the spread of disinformation is multifaceted, involving citizen participation, the actions of digital platforms, and guidelines from international organizations. There is a growing emphasis on regulatory strategies that seek to establish norms, whether through state means or other forms of regulation, with the aim of influencing the agents involved and mitigating the effects of disinformation. It is important to consider that the concept of regulation has roots associated mainly with the role of the State, but authors such as Poulantzas (1981) and Jessop (2015) offer a more complex view of the State, highlighting its polymorphic nature and its adaptation to the competition of ideas and projects in society. In addition, there are perspectives that expand the notion of regulation beyond the State, encompassing forms such as self-regulation (carried out by private agents) and co-regulation (a combination of public and private initiatives), as discussed by Baldwin et al. (2012).

Method: The research adopts a qualitative, exploratory and descriptive approach, anchored in the hypothetical-deductive method. Primary and secondary sources were used for the analysis, through a detailed literature review, analysis of relevant case studies, and field survey to provide an overview of the regulation of online disinformation in both the national and global contexts.

Results and Discussion: The research results highlighted the importance of regulatory policies that balance the containment of the dissemination of fake news with the preservation of fundamental rights to expression. The comparison between national legislation and international approaches highlighted gaps in Brazilian regulation, evidencing the need for continuous and adaptive analysis in view of the evolution of the fake news scenario.

Research Implications: This study can play an important role in the dialogue on the regulation of online disinformation, highlighting the relevance of assertive policies that balance the containment of the dissemination of fake news with the guarantee of individual rights to expression. Future work recommends a more in-depth investigation of the ethical, legal, and social implications of regulatory strategies, as well as a continuous assessment of the impact of policies implemented in different cultural and social contexts.

Originality/Value: This study contributes to the debate on regulating online disinformation, highlighting the importance of policies that balance the containment of the spread of fake news with the guarantee of fundamental rights to expression. In addition, it points to the need for continuous and adaptive analysis in light of the evolution of the fake news scenario.