DA RESPONSABILIDADE CIVIL NA DISSEMINAÇÃO DE FAKE NEWS: Análise acerca do caso do hipotético “kit gay”

Abstract

The following case study was carried out due to the events that take place within the electoral propaganda

scenario in 2018, the phenomenon of fake news which had significant prominence in this period due to the

numerous shares of such news on social networks, generating several debates based on untruths. Questions are

raised about possible damage caused by the dissemination of false news in the context of civil liability and if this

possible damage has a relevant scenario in society. It aims to analyze the case of the gay kit, one of the most

shared news at the time, observing the situation in the sphere of freedom of expression and right to information,

verifying the presence of legislation and the possible harm generated. In this way, it was used of the qualitative

methodology using data collection and inductive approach, carried out by means of bibliographic research of

theoretical references provided of books, articles and journals. Finally, there is the falsity of such information

and how such an untruth could harm and harm citizens' rights, so that the right of access to information which

should constitute truth, transparency and impartiality has been affected, and as well as perpetuating hate speech

towards LGBT+ community injuring their personal rights. That said, the use of media increasingly present in

everyday life and the reckless use of them continuously comprises the mass use of fake news