A ação civil pública como garantia constitucional do direito à informação verdadeira diante das Fake News

Abstract

The dissemination of fake news violates the right to information, when, under the guise of news, it disseminates falsehoods and distortions about the reality of the facts. In this context, the present work sought to demonstrate the appropriateness of Public Civil Action as a constitutional remedy to promote accountability arising from the civil offense embodied in the propagation of fake news. Through bibliographical research, it was verified that the fundamental right to information, constitutionally guaranteed, presupposes truthful information, which corresponds to the reality of the facts, being able, even, to speak in a right to true information. Furthermore, the right to information is understood as a diffused right, since the information conveyed affects all those who somehow have access to it. Therefore, it is not possible to determine the subjects who suffered damage from the placement of fake news that create a false reality regarding facts and events. Despite the fact that false news is not new, its form of dissemination is. With the advent of the internet, the mode of production and consumption of information underwent a drastic transformation, considerably increasing its flow, reach and speed. Furthermore, the internet has made it possible for any user to create and disseminate content on the web and, with this, it has become much easier to spread false information. Currently, the dissemination of fake news has become such a frequent phenomenon that countries around the world are discussing ways to deal with it. In this context, this research seeks to contribute to the promotion of accountability in cases where fake news violates the right to information.