Direitos Humanos e o Estado de Direito

: a liberdade de expressão das “fake news”

Abstract

This thesis addresses the issue of freedom of expression and fake news in the context of Human Rights and the Rule of Law. Our goal is to reflect on how freedom of expression is limited, in its balance, between the right to respect for private life and the dissemination of fake news, which constitutes, today, one of the biggest problems that the dialogue between the traditional media and the various agents of political action faces. The reality set forth by social media transformed the way of being in the political sphere. In the beginning of the 21st century, social media acquired a requirement for scrutiny by society, going beyond the tradicional compliance with the principle of the separation of powers. Amidst this turmoil of events, the so-called fake news, acquired a status with great impact on society, creating conditions for the appearance of new speeches and causes in politics. President Donald Trump’s election for office tipped the scale of political behavior, by systematically using Twitter as a means of communication, thus creating a new way to make policy based on alterate realities. The interpretation of freedom of expression in an open and democratic society facing this threat, created and disseminated on social media, has put itself in crisis as a fundamental human right. In search for a new ethics in political behavior, it seems as though the Portuguese Charter of Human Rights in the Digital Age, recently approved by the Parliament, served to add more controversy to this issue. As a subject still underdeveloped in the legal framework, the result seems to point to a need for greater self-regulation, in order to deal with the threat that are fake news.

Date of Award	28 Sept 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria Isabel Tavares (Supervisor)