Confluences between civil responsibility and personality rights in the digital age
The digital era and all the technological advances related to it provide society with a variety of facilities, especially with regard to communication, among countless other qualities. On the other hand, associated with the moral and ethical conditions of post-modernity, the global computer network...
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2024 |
| Country: | Brasil |
| Institution: | Escola da Magistratura do Estado do Rio de Janeiro (EMERJ) |
| Repository: | Direito em Movimento (Rio de Janeiro. Online) |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs2.emerj.jus.br:article/567 |
| Online Access: | https://ojs.emerj.com.br/index.php/direitoemmovimento/article/view/567 |
| Access Level: | Open access |
| Keyword: | deepfake direitos da personalidade discurso de ódio pornografia de vingança tutela ressarcitória Personality rights Deep fake Hate speech Revenge porn Reimbursement tutelage |
| Summary: | The digital era and all the technological advances related to it provide society with a variety of facilities, especially with regard to communication, among countless other qualities. On the other hand, associated with the moral and ethical conditions of post-modernity, the global computer network presents some digital phenomena that represent serious risks to the protection of personality rights, especially honor, image, privacy and intimacy. Episodes involving deepfake, hate speech, revenge porn, shitstorm represent extremely damaging figures to aspects of the personality, which, once committed, can hardly be repaired. Although national legislation has evolved towards electing mechanisms and tools for the protection of these rights, as well as regulating the virtual environment in a relevant way, the challenges surrounding the protection of personality rights in the digital world still appear to be enormous. This research will use the deductive method and, as the main methodological procedure, bibliographical research. The aim is to investigate contemporary digital phenomena that are harmful to personality rights, as well as to understand whether compensatory protection is a sufficient tool for repairing damage to said rights. |
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