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THE REGULATION OF CONTENT ON SOCIAL NETWORKS: A BRIEF COMPARATIVE ANALYSIS BETWEEN NETZDG AND THE BRAZILIAN SOLUTION

Abstract

This article aims to analyze the normative accountability, in the Brazilian system, of social network providers for content published online. In this context, it aims to investigate the effects of a possible liability of such agents for their refusal to remove a certain publication, after receiving a notification that points to its illegality. To this end, the article first exposes the current regime of liability of application providers in Brazil, enshrined in the Internet Civil Framework. Subsequently, the research uses Comparative Law, resorting to the functional method to study German regulation in this sense (the Netzwerkdurchsetzungsgesetz - NetzDG), which was one of the first and most influential texts to bring a stricter requirement for social network providers to exercise more effective control over content published online. The conclusion reached is that the Brazilian system should not change its current regime, but may incorporate requirements of formalization and transparency that the German regime adopts.

Keywords
NetzDG; Comparative Law; Tort Law; internet; social networks

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