Chicago Journal of International Law

Start Page



This Essay presents a normative structure for advocating for international soft law standards that can help domestic jurisdictions provide content moderation for election misinformation. Relying on a comparison between the cases of Brazil and the U.S. (both facing recent democratic erosion), this Essay shows how Brazilian courts responded to challenges to democracy and how, in the U.S., content moderation generally depends on private actors. The theoretical analysis presented indicates that transnational and constitutional approaches are required both in the face of the de-territorial characteristics of social media disinformation and also as a prerequisite to conceiving a legitimate approach to private content moderation. This Essay argues that: jurisdictional contextual features cannot be ignored; basic regulations are desirable; content moderation cannot be solely left to private actors, especially considering the need for the protection of democracy; and, finally, that private moderation must also be democratized.

Included in

Law Commons