NEUROLAW AND SOCIAL MEDIA GOVERNANCE: NEURORIGHTS, PLATFORM DESIGN, AND THE EU REGULATORY RESPONSE: A COMPREHENSIVE SCIENTIFIC LITERATURE REVIEW

Resumen

The current study was concerned with the emerging intersection of neurolaw, neurorights, and social media governance within the context of evolving European Union regulatory frameworks. The convergence of neurotechnology, artificial intelligence, and digital platforms has created exceptional challenges for protecting mental autonomy, cognitive liberty, and mental privacy. Therefore, it is of utmost importance to analyze how neurotechnologies and algorithmic systems deployed on social media platforms threaten fundamental cognitive freedoms, and evaluate the adequacy of current EU regulatory responses, including the Digital Services Act (DSA), Digital Markets Act (DMA), AI Act, and General Data Protection Regulation (GDPR). Key findings from the literature reveal that while neurorights discourse has gained significant political concern, substantial academic debate persists regarding whether novel rights are necessary or whether existing human rights frameworks can be adapted. Accordingly, the recognition of significant gaps within current EU regulations regarding concealed manipulation, computational persuasion, and the safeguarding of mental integrity in digital environments is a matter of considerable importance. Accumulating evidence demonstrates that social media platforms employ persuasive technologies and dark patterns that exploit cognitive vulnerabilities, thus raising challenging questions about the scope and enforcement of neurorights protections. Therefore, the current study focused on the implication that a comprehensive strategic approach combining regulatory intervention, technical safeguards, user education, and international harmonization is essential to safeguard mental autonomy in the digital age.