“Pode isso, Arnaldo?” : uma análise sobre os memes na internet, à luz dos direitos de imagem no Brasil

Abstract

The Internet has been flooded with memes in recent years. Memes are usually funny, composed of a combination of images and messages, and serve a variety of purposes, from describing everyday issues to formulating social and political criticism. As such, they are an essential part of communication in the digital age. The term meme was originally coined by zoologist Richard Dawkins, author of the book The Selfish Gene. For him, idealism and how human culture evolved can be analyzed together with genetic evolution. The term was included in the Oxford Dictionary as "part of a system of culture or behavior inherited from one individual to another by imitation or other non-genetic means." For the author, one of the characteristics of memes is their ability to communicate and integrate into the social environment prior to spontaneous absorption and reproduction by society. Therefore, it is no accident that the humorous, critical and satirical content that floods social networks is called memes. After all, it is the same third parties who create and spread them who are responsible for influencing them. Because of their spontaneous aspect, unwanted people routinely become famous on the Internet and end up having damaging consequences in their lives. Moreover, laws such as the Marco Civil da Internet and the General Law of Data Protection are insufficient in fully protecting users and ensuring accountability of the guilty. Therefore, a balance of the right to image of these injured individuals is needed, in parallel with other rights such as freedom of expression.