A contenção do discurso de ódio online

• Autor(a) principal: Higino, Ana Catarina Correia
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/140937
• topic: Discurso de ódio; Liberdade de expressão; União Europeia; Conselho da Europa; Empresas de tecnologias de informação; Hate speech; Freedom of expression; European Union; Council of Europe; Information technology companies; Direito

The growing trend of countering hate speech has grown in parallel with the proliferation of the phenomenon itself, which raises the question of the extent to which limitations on hate speech undermine the fundamental right to freedom of expression. Therefore, the main objective of this dissertation is, precisely, to evaluate whether it is legitimate to contain hate speech - in a philosophical-political scope - as well as the efforts to control the spread of hate speech in its online strandt, from a legal point of view, by the Council of Europe - namely through its Additional Protocol to the Convention on Cybercrime - and the European Union - through, mainly, the Code of Conduct on countering illegal hate speech online. Thus, this study focuses on online hate speech, recognising that due to the specific nature of cyberspace, the phenomenon has gained a new dimension. Therefore, this dissertation explores the key positions of several discussions. Firstly, the fundamental question already mentioned, concerning the legitimacy or not of the containment of hate speech, this discussion being enriched with the positions of Karl Loewenstein and Robert Post. Secondly, it is debated whether or not it is appropriate to resort to legislation, as a strategy to contain the phenomenon. Finally, it is further discussed whether online hate speech and the use of the Internet in general should be regulated by individual States. That said, and keeping in mind the obstacles concerning the regulation of online hate speech by States individually, attempts at multilateral regulation within the Council of Europe and the European Union are addressed, in alternative. In addition, the need for cooperation between these organizations and Information Technology Companies is stressed - given their relevance in cyberspace - in order to achieve greater effectiveness in controlling hate speech online. In this regard, the social media platforms Facebook, Twitter and YouTube are particularly taken into account, being the aforementioned Code of Conduct the greatest expression of the containment effort made by them and by the EU. That said, this dissertation, which reconciles the philosophical-political and legal perspectives of the containment of hate speech, seeks to make a contribution to fill the absence of scientific production by Portuguese authors delving into the subject in depth.