Disinformation and Hate Speech: A European Constitutional Perspective

by Giovanni Pitruzzella, Oreste Pollicino

Overview

What balance should be struck between freedom of expression, asan essential right and value of any democratic society, and other constitutionalrights when facing falsehood and extreme speech? Howare Europe and legislators around the world reacting to the rise ofonline disinformation and hate speech, in the wake of mounting evidenceof adverse effects on democratic processes? What is the mosteffective approach to address and tackle harmful practices over theInternet, if any? These are some of the pivotal questions that thisbook seeks to explore. The potentially global scale and the unprecedentedvelocity of the dissemination of false and extreme contentraise concerns that are specific to our digital age. It is the Authors'belief that the answers to such questions plunge their roots in theorigins of contemporary constitutionalism, with the paradigm ofthe constitutional traditions of Europe and the United States. Specifically, the right to freedom of expression, its development andsubsequent application to the digital dimension constitute the startingground of the analyses here proposed.

Product Details

ISBN-13:	9788831322072
Publisher:	EGEA Spa - Bocconi University Press
Publication date:	05/01/2020
Sold by:	Barnes & Noble
Format:	eBook
Pages:	174
File size:	875 KB

About the Author

He is Advocate General at the Court of Justice since 8 October 2018 and Full Professor of Constitutional Law at the University of Palermo and LUISS Guido Carli University, Rome. He was President of the Italian Competition Authority (2011-18). Giovanni Pitruzzella is Advocate General at the Court of Justice since 8 October 2018 and Full Professor of Constitutional Law at the University of Palermo and LUISS Guido Carli University, Rome. He was President of the Italian Competition Authority (2011-18). Oresete Pollicino is Full Professor of Constitutional Law at Bocconi University in Milan and founder and editor in chief of the international law blog MediaLaws, Comparative Media Law in the Context, www.medialaws.eu. He is Full Professor of Constitutional Law at Bocconi University in Milan and founder and editor in chief of the international law blog MediaLaws, Comparative Media Law in the Context, www.medialaws.eu, Giovanni Pitruzzella is Advocate General at the Court of Justice since 8 October 2018 and Full Professor of Constitutional Law at the University of Palermo and LUISS Guido Carli University, Rome. He was President of the Italian Competition Authority (2011-18). Oresete Pollicino is Full Professor of Constitutional Law at Bocconi University in Milan and founder and editor in chief of the international law blog MediaLaws, Comparative Media Law in the Context, www.medialaws.eu.

Table of Contents

Introduction 1

1 Freedom of Information in the Internet Era 3

The market for information and the freedom of information regime 3

How Internet changes the structure of information 6

Consumption of information on Internet and the crisis of traditional media 9

How search engines and social networks operate when they select information 11

The algorithm, the unknown 13

The filter bubble and its effects 15

The sharing imperative and the new models of information distribution 17

Why Internet amplifies and makes fake news relevant 18

"Surveillance capitalism" and its influence on political behavior 24

The European rules on personal data protection as a limit on surveillance capitalism 25

Is it possible to distinguish fake news from opinions? 27

Hate speech and the pyramid of hate 30

Is it still possible to speak of the "marketplace of ideas"? 32

Nobody seems to be responsible for what happens on Internet 34

Content moderation and private censorship 37

If Internet "cannibalizes" the media, is there room for the quality of information? 40

Towards a new type of democracy: bubble democracy 42

After Google Spain and the Antitrust interventions: what responsibility do platforms have? 44

Self-regulation versus regulation: can a balance be found? 46

Are our conceptual categories still relevant? 49

2 The Constitutional Perspective on Freedom of Expression in the Internet Era 53

Introduction 53

European constitutionalism put to the test by hate speech and fake news 54

United States constitutionalism meets fake news and hate speech 71

A new paradigm for Internet? 81

3 Tackling Disinformation: A Comparative Review of Legislative Interventions and Other Measures 97

The roadmap 97

Tackling disinformation at the EU level 100

Germany 104

Italy 109

France 115

The United Kingdom 119

Russian Federation 122

Singapore 126

Malaysia 129

Anti-disinformation trends across the world 130

4 Perspectives on Disinformation and Hate Speech 145

The crossroad between competition and constitutional law 145

Self-regulation, regulation, co-regulation 150

Consumer and user empowerment 153

The EU's regulatory ecosystem 155

Legislating disinformation in Europe 158

References 163