Public issues on private platforms: intermediary liability for third-party content

Abstract

The aim of this paper is to analyze the intermediary liability of social media for the content produced by third-parties. For this, I create a different approach between intermediary liability and regulation. I analyze to what extent the changes in public sphere impact the civil liability of social media, bearing in mind the approach I articulated. Once I have identified the civil liability arrangement adopted by the Marco Civil da Internet and its implications, I deal with the connections between citizenship, consumption and liability in an information society. I also point the need to create a sub-category within the category of “provedores de aplicações de internet”: I suggest “social media” as a relevant category within it – as defined by Cass Sunstein and Helen Margetts.