ABSTRACT
This contribution explores the phenomenon of “online disinformation” and its implications in democratic societies through the lens of constitutional law, and, specifically, through a comparative overview of the constitutional paradigms across the Atlantic. Considering the possible alteration of democratic processes and the public digital sphere, the assessment focusses on the tensions produced on fundamental rights and, chiefly, on freedom of expression, emphasizing principles of transparency and pluralism in the online media ecosystem. Focussing on the impact of online disinformation in the electoral context, this contribution further examines the regulatory responses and agenda set at the European Union level. Finally, through the comparative analysis of the EU and wider European frameworks, this contribution devotes its attention to the specific case of the Italian constitutional referendum of 2016 and, consequently, the Italian legislators’ and regulators’ responses to the challenge. This case proves useful to highlight different avenues to tackle the phenomenon and their effectiveness, setting out one example in the broader global race to regulate online speech and platforms.
