By Didi Rankovic – Reclaim The Net
Speaking at an event celebrating press freedom, Brazilian Supreme Federal Court Justice Luiz Edson Fachin renewed calls for Congress to craft mechanisms aimed at controlling so-called “fake news” online, a move that amplifies growing pressure for more regulation of digital speech in Brazil.
Fachin argued that certain platforms and users have interpreted freedom of expression as an unchecked right, shielding even harmful behavior from accountability. “This line of thinking has no support in the Brazilian constitutional order, nor is it in accordance with the international human rights treaties that the Federative Republic of Brazil has signed, approved by the same National Congress that is now called upon to discuss the regulation of such platforms and, consequently, to create legitimate mechanisms for democratic containment of the harmful impacts of fake news,” he stated.
The comments came during the opening of the “Freedom of Expression Forum – 150 years in defense of freedom and democracy“, an event hosted by Estadão as part of its 150th anniversary.
Positioning freedom of expression as something that should be subject to “democratic limits,” Fachin claimed that digital actors exploit this right under the pretense of preserving liberty while actually threatening democratic institutions.
“The aim is to spread, especially via social media, the notion that freedom of expression allows expression, including the annihilation of freedom. We do not believe that this should be the case: freedom must protect freedom, democracy must protect democracy,” he said.
According to the minister, large technology companies are engaged in what he called a calculated political campaign, monetizing disorder as part of their operating model. He warned, “Authoritarian digital populism is developing, the tsunami of which is about to drown Western democracies and the classic achievements of freedoms.”
This push for greater oversight is also reflected in the court’s ongoing examination of Brazil’s Civil Rights Framework for the Internet. At the center of the debate is Article 19, a key provision that prevents platforms from removing content without a judicial order. The case paused in late 2024 at the request of Justice André Mendonça, is expected to resume this year.
Chief Justice Luís Roberto Barroso, speaking in November 2024, addressed the Court’s decision to move forward with the review, citing legislative inertia. “The court waited for a reasonable period of time for legislation to be enacted by the Legislature and, as this did not happen, the time has come for us to decide this matter,” Barroso said.
The increased push to police digital discourse in the name of democracy underscores a troubling trend: the growing alignment between state institutions and regulatory ambitions that often sidestep the public’s right to open expression. What remains uncertain is whether future measures will protect democratic integrity, or undermine the very freedoms they claim to preserve.