User Rights Violations In Social Media Responses to CSEA: Thematic Analysis of Brazilian Court Decisions

• In Event: Global Perspectives on Law, Inequality, and Punitive Governance

Abstract

The rise in social media usage and its growing societal impact have increased both user and platform vulnerabilities to online crime. To mitigate risks and protect their business interests and potential victims, social media platforms have assumed regulatory roles, shaping a governance model where their authority over digital spaces prevails over external oversight. The absence of unified regulation has allowed platforms to act as both regulators and enforcers of crime control measures. However, while aiming to protect users from online victimization, their enforcement of policies may also result in user rights violations. This study builds on corporate, digital, and platform governance literature to examine social media’s ability to set rules, enforce policies, and exert control over child sexual exploitation and abuse (CSEA) violations. Specifically, it explores how the enforcement of CSEA policies by social media platforms limits user rights and the context in which these violations occur. A thematic qualitative analysis of court decisions where users challenge content removal and account disabling reveals frequent violations of the right to information due to lack of prior notice or justification. Findings also indicate breaches of due process, inclusion, and freedom of expression, alongside patterns of moderation failure and governance abuse by platforms.

Author

• Karina Costa Baraldi, The University of Alabama