Post by Complete Guide to Legal Inboun on Oct 20, 2023 23:31:46 GMT -5
Firstly, it is true that the Internet is a revolution in the media: it has reduced borders and changed the acquisition and construction of content. However, as much as the magnitude of its impact on technology, the immensity of the issue also emerged: how far does freedom of expression go on the internet? Therefore, here we will address freedom of expression on the internet, its relationship with personality rights and the trend of jurisprudence in this conflict.
How important is freedom of expression? Above all, freedom of expression is a particularly fundamental, basic right, as its protection is vital for the dignity of the person and for the democratic structure of our country. Similarly, the Constitution provides for freedom of expression in article 5: Art. 5 Everyone is equal before the law, without distinction of any kind, guaranteeing ws data
Brazilians and foreigners residing in the country the inviolability of the right to life, freedom, equality, security and property, under the following terms: IV – expression of thoughts is free, anonymity is prohibited; VIII – no one will be deprived of rights due to religious belief or philosophical or political conviction, unless they invoke them to exempt themselves from the legal obligation imposed on everyone and refuse to comply with alternative benefits, established by law; IX – the expression of intellectual, artistic, scientific and communication activity is free, regardless of censorship or license.
However, no guarantee is absolute, therefore, it can be restricted when it conflicts with other or constitutional values. At this point, it must be emphasized that factors necessary for the moral integrity of other people and even collective security can be legally invoked to limit the right to freedom of expression. And so, it is important to revisit personality rights. Personality Rights: what are they and how important are they? In short, they are the innate rights of the human person and their social relationships. Such personal prerogatives inherent to human beings are so important that they are protected by doctrine and jurisprudence as inalienable and unavailable rights.
Such personality rights are also defined by scholar Alberto Bittar as: “the rights recognized to the human person taken in himself and in his projections in society, provided for in the legal system precisely for the defense of innate values in man, such as life, physical health, intimacy, secrecy, respect, honor, intellectuality and many others.