This article investigates how the theory of the horizontal effect of fundamental rights has been applied in judicial decisions regarding content moderation on social media in Brazil and Germany. It finds that, in Brazilian law, there is no clarity as to whether the application of the doctrine of direct effect in matters of content moderation is in line with the jurisprudence of the Brazilian Supreme Federal Court. In German law, on the other hand, recent decisions by the Regional Higher Courts and the Bundesgerichtshof (Federal Court of Appeals) indicate a trend towards declaring ineffective private contractual clauses that restrict fundamental rights of freedom of expression. In both jurisdictions, the interpretation of the terms and conditions of use of the platforms poses methodological challenges for the theory of horizontal effect.
[vc_row][vc_column][vc_btn title=”Read the article here” style=”classic” color=”primary” size=”lg” i_align=”right” i_icon_fontawesome=”fa fa-external-link” add_icon=”true” link=”url:http%3A%2F%2Fojs.direitocivilcontemporaneo.com%2Findex.php%2Frdcc%2Farticle%2Fview%2F1107″][/vc_column][/vc_row]
