Memes, Direito À Imagem E a Falácia Da Neutralidade Da Rede: Uma Análise Da Responsabilidade De Intermediários No Ciberespaço
Year: 2026
Type: article
Abstract: : This article analyzes the complex relationship between digital culture, embodied in memes, the right to image, and the civil liability of internet application providers. Drawing on Richard Dawkins' original concept, the article explores how memes and the viralization of content have reshaped social communication, creating an environment of overexposure and potential violation of personality rights. The paper deconstructs the notion of a "neutral network" from a substantive perspective, arguing that digital platforms, through their algorithms, act as active editors of public discourse. The core of the discussion lies in the analysis of Article 19 of Law No. 12,965/2014 (the Brazilian Civil Rights Framework for the Internet) and the thesis established by the Supreme Federal Court in Topic 987, which established the right to reserve jurisdiction for content removal. This model is contrasted with the legal approaches of the United States (Section 230 of the CDA), the European Union (Digital Services Act – DAS), and other legal systems, such as Argentina, in order to evaluate the different mechanisms for balancing freedom of expression and the protection of fundamental rights in cyberspace.
Source: Revista Pensamento Jurídico
Institution: Governo do Estado de Mato Grosso
Language: Portuguese
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7215460971