Law and hate speech on social media: limits to freedom of expression

Abstract

This study examines the legal and constitutional limits of freedom of expression in the face of the spread of hate speech on social media, considering the 1988 Federal Constitution and the actions of the Supreme Federal Court. Although freedom of expression is recognized as one of the fundamental pillars of the democratic order, its application is not absolute, encountering legitimate restrictions when it conflicts with other rights of equal relevance, such as the dignity of the human person, equality, and the protection of vulnerable groups. Hate speech—understood as the expression that disqualifies, belittles, or incites discrimination against individuals based on identity characteristics—represents a concrete threat to Democracy and Human Rights. The digital environment, favored by the decentralized structure of networks and the algorithmic logic of amplification, has consolidated itself as a privileged space for the dissemination of extremist and discriminatory content. Given this, addressing this problem requires a legal approach that, in accordance with constitutional principles and the jurisprudence of the Supreme Federal Court, harmonizes the right to free expression with the protection of the fundamental rights of victims, guaranteeing the accountability of the perpetrators and the preservation of a plural, inclusive, and respectful public space.