Digital influence in elections:

legal challenges to freedom of expression

Abstract

Legislative innovations addressing illicit acts resulting from abuses of freedom of expression on social media, particularly Bill No. 2.630/2020, have sparked controversies in public opinion and the media. The bill aims to combat the spread of fake news and its impacts on democracy and the digital environment but raises concerns about potential limitations to freedom of expression. This study employs deductive and exploratory methodology, analyzing academic articles and current electoral laws. The focus lies on the legal challenges between safeguarding Brazil’s electoral process and ensuring freedom of opinion, exacerbated by the rapid advancement of digital technologies. The literature review highlights how social networks have transformed the political landscape, enhancing electoral mobilization while facilitating the spread of disinformation and data manipulation. Digital platforms require clear regulation to prevent distortions in electoral competition. Updating Brazil’s electoral legislation is crucial to address the legal treatment of these platforms in campaigns, strengthening efforts against disinformation without restricting fundamental rights. It is concluded that balanced regulation is essential to preserve electoral integrity and democracy. While social networks expand access to information, their lack of oversight may undermine electoral transparency. Thus, adapting the legal framework must account for technological dynamism, ensuring free, fair, and disinformation-resistant elections. The challenge lies in reconciling legislative innovation with the protection of constitutional rights, such as freedom of expression, in an evolving digital environment.