Today’s society, also known as the participatory society in the information age, is marked by the exponential increase in data flow, the absence of borders resulting from the popularization of Information and Communication Technologies (ICTs), and the consequent democratization of information. The result is a more participatory society with demands based on expanded constitutionalism and the technology that connects it. One of the current challenges in the so-called information age is understanding how to suppress the spread of so-called Fake News (a popular term) in a hyperconnected society without suppressing the fundamental right to freedom of speech. The urgency of the topic in Brazil and around the world is justified, primarily, by the potential impact identified on democratic structures. The law, which presupposes keeping pace with  society evolution, moves slowly compared to the breakneck speed achieved through technology. Recent decisions on the matter in Brazil are beginning to outline new contours with restrictive tendencies towards freedom of expression in the context of the Internet. Are we facing a regression from the rights enshrined in Article 5, para IV, and Article 220 of the Federal Constitution of Brazil, which guarantee citizens unrestricted freedom of thought, creation, expression, and information in any form, process or medium?