Limits of freedom of expression in the digital age: civil liability in cases of virtual cancellation

Abstract

This article explores cancel culture and its implications for freedom of expression and civil liability of users on digital platforms. In the contemporary scenario, where social networks and digital culture are intertwined in everyday life, cancellation emerges as a phenomenon of great impact. This study adopts bibliographic analysis to investigate the relationship between cancel culture, freedom of expression and civil liability. The objective is to deepen the understanding of this complex phenomenon and understand to what extent criticism and virtual cancellation are legitimate exercises of freedom of expression and when they become civil liability. It is concluded that, although freedom of expression is a fundamental right, it must be balanced with the protection of people's dignity and honor. Civil liability applies when cancellation results in abuse, requiring analysis of the intentions and impacts of online acts. Applying “Value Weighting” is crucial to balancing these rights and ensuring proportionate reparations.