The regulation of social media to ensure the integrity of electoral processes: a spotlight on ADPF No. 403

Abstract

This paper analyzed the necessity of regulating social media as an effective mechanism to protect the integrity of electoral processes in Brazil, especially in light of the phenomena of disinformation and content manipulation. It begins with a critical reading of the Claim of Noncompliance with a Fundamental Precept (ADPF) No. 403, which addresses freedom of communication and net neutrality, aiming to contextualize its importance in the current debate on the limits of freedom of expression within digital environments.The performance of the Federal Supreme Court (STF), through decisions such as the Fake News Inquiry (INQ 4781) and ADPF 572, demonstrates a jurisprudential shift toward the construction of a constitutional doctrine of digital responsibility. Furthermore, the debate seeks to articulate the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet), the General Data Protection Law (LGPD), and the resolutions of the Superior Electoral Court (TSE), with a view to designing an efficient and proportional normative framework to curb abuses on digital platforms during electoral campaigns.This research also sought to compare international experiences, such as the European Union’s Digital Services Act and the United Kingdom’s Online Safety Bill, as references for efficient democratic regulation. Therefore, the regulation of social networks should not result in censorship, but rather promote a transparent information system compatible with the principles of the Democratic Rule of Law.