The event ‘Fake News and Democracy’ marked the launch of the Freedom of Speech and Democracy Platform (Pled) by FGV’s Sao Paulo Law School (Direito SP), on March 12. The meeting brought together officials and experts to discuss the fake news phenomenon and how it affects freedom of speech and democratic political debate.

Senator Antonio Anastasia joined the panel that discussed fake news and regulation. According to the Senator, Count D’Eu, Princess Isabel’s husband, had a bad reputation of living off the income of several slums in Rio de Janeiro in the late 19^th century, which reinforced his negative image among the population. What very few knew at the time is that it was all a lie. However, we cannot say it was fake news in the same sense attributed to the term in the early 21^st century. That is because the historical example given by the Senator contrasts with how fast fake news spreads on the age of the internet and social media.

“Fake news took a much greater dimension due to how fast it can spread. In many cases, the damage is irreversible and its regulation becomes ineffective”, said the Senator.

Ricardo Campos (Goethe-Universität Frankfurt) believes that a possible solution would be self-regulation, similarly to other sectors of society, such as Conar – a private institution operating in the advertising industry.

In addition to marking the launch of Pled, the event also explored the relationship of fake news with other areas, such as elections and democracy, media and internet. According to Ronaldo Porto Macedo Junior, a professor at Direito SP, and Clarissa Gross, one of the Pled coordinators, the platform was born from the need to study a subject for which Brazilian case-law is still erratic and confusing.

“The decisions in the field of freedom of speech in Brazil still reference old issues dating back to the era of censorship. New issues such as fake news and hate speech, for instance, require an effort to build an environment that promotes the principles of the rule of law and democracy”, said the professor.

Another important debate was related to the impact of fake news on the media. Citing journalist Carlos Eduardo Lins e Silva, Eugenio Bucci, a professor at ECA-USP and columnist for Estadão, said that the more accurate name for fake news would be ‘fraudulent news’, because fake news is produced with the intention of obtaining certain advantages. Lawyer Taís Gasparian argues that we must investigate the news production and communication strategy adopted by companies that produce fake content.

“This issue has gained notoriety since the appearance of the Macedonian kids who supported the election of Donald Trump for the Presidency of the United States”, she said.

On the other hand, the expert said that neither laws nor censorship will solve the problem, but would actually blur the boundaries of freedom of speech. The lawyer points out that fake news is typically created across several countries. Strategies to remove content or ensure accountability for fake content would require a very costly and global-scale process that would take time and effort incompatible with the urgent claims arising from social media.