Freedom of expression and regulation of digital platforms: analysis of legal projects in the Chamber of Deputies

Abstract

The article consists of an analysis of the justifications of legislative proposals presented to the Chamber of Deputies that deal with the regulation of freedom of expression in the digital environment. The time frame defined for the study ranges from February 1, 2023 to June 10, 2025. The objective is to analyze how the federal deputies deal with the issue and in what terms or limit the constitutional right to freedom of expression and purpose when dealing with the digital environment. The analysis is preceded by a discussion on the freedom of expression and its emergence in modern theory and the implications of the platform of society on this issue. The methodology consists of Content Analysis of the justifications of 90 legislative proposals by means of the IraMuteQ textual analysis software using Descending Hierarchical Classification. The analysis is based on the regulatory approaches to the digital environment proposed by Jack Balkin and Julie Cohen. The result shows a fastening of the legislative proposals of a regulation idea based on technical architecture, algorithmic governance and state-platform-user interaction, more focused on content and punitive issues and also focused on groups, such as children and adolescents.