A superexposição da imagem da criança nas redes sociais e o dever de cuidado das plataformas por moderação de conteúdo

Abstract

Consecrated as subjects of rights by the Statute of the Child and Adolescent, as well as by the 1988 Constitution, a duty of protection was conferred on children that reaches the entire community. In a hyperconnected society, the challenges of protecting your rights reach yet another dimension. Their images are exposed daily on social networks through memes, gifs, images and videos, either by third parties or by the parents themselves, a practice that is called oversharenting. Law nº. 12,965 of 2014 (Marco Civil da Internet) exempts digital platforms from liability for third-party content when there is no court decision. However, in addition to legislative commands, social networks have self-regulation mechanisms, including inhibitors, for different matters, such as copyright protection and repression of false news. Thus, this study aims to analyze the role of social media platforms in the face of possible violations of children's rights and demonstrate that, in the face of hypervulnerable groups, the literal interpretation of the law is unsatisfactory. For this, in this study, bibliographical and documentary research will be used as a methodology, from the collection of data in books, articles, legislation and court decisions. It is concluded that social networks have a duty to moderate oversharenting content, valuing the protection of children's image, within the limits imposed by the reasonableness and proportionality of what was exposed.