<i>Fake News</i> in times of COVID-19 and its legal treatment in Brazilian law

Mattos, Alexandre Magalhães de; Costa, Ingrid Zuvanov Kahl; Neto, Mercedes; Rafael, Ricardo de Mattos Russo; Carvalho, Eloá Carneiro; Porto, Fernando

doi:10.1590/2177-9465-EAN-2020-0521

Brasil

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REFLECTION • Esc. Anna. Nery 25 (spe) • 2021 • https://doi.org/10.1590/2177-9465-EAN-2020-0521 linkcopy

Fake News in times of COVID-19 and its legal treatment in Brazilian law

Authorship SCIMAGO INSTITUTIONS RANKINGS

Abstract

Objective to reflect on the legal treatment given to the Fake News cases related to COVID-19 in the field of Brazilian law.

Method Reflection study based on the consequences of applying the Brazilian legal framework to the Fake News cases on COVID-19. The sources come from another study with gaps left in the sense of applications by the legal system. For discussion, the framing of false news to the legal system was marked out.

Results They come from a previous study that identified and grouped as False News found in the Ministry of Health database by themes, a saber: speeches by health authorities, therapeutics, preventive measures, prognosis of the disease and vaccination.

Final considerations and conclusion for practice It was possible to conclude that the practice of sharing messages, images, audios and / or videos performed by several members of social networks, without the concern of verifying whether they are true, is an act that can be configured as a crime.

Category	News title	Information medium	Counter-argument
Information related to speeches by health authorities	The Coronavirus-SUS application from the Brazilian Government is not safe	WhatsApp	The Coronavirus-SUS-COVID-19 application was developed by the Ministry of Health, with security precautions in its construction and in the dissemination of information.
Therapeutic	Drinking hot drinks to kill coronavirus	WhatsApp	The message has characteristics of Fake News, because the data and information are vague, with orthographic errors and asks for it to be shared. Furthermore, the scientific community and the WHO do not recognize any substance or medicine to cure COVID-19.
Prevention measure	Drinking lots of water and gargling with warm water, salt, and vinegar prevents coronavirus	WhatsApp	To date, there is no evidence of any drug, substance, vitamin, food, much less drinking lots of water and gargling with these substances to prevent coronavirus infection (COVID-19).
Disease prognosis	Research published by Chinese scientists says coronavirus had made most male patients infertile	Internet	The cited article is in pre-publication phase and has not been peer-reviewed, so it has little scientific value at this time. This article provides preliminary data on the possibility of coronavirus (COVID-19) infection of testicular cells, but mentions that there is not enough data to establish a risk of male sterility.
Vaccination	China announces vaccine for coronavirus	Internet	There is no vaccine against coronavirus to date, although research is ongoing.

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[1] Source: Neto et al.⁴.