Overview

This open access book employs a rigorous legal analysis that combines national perspectives with a broader examination of EU-level regulation. Online disinformation is one of the most pressing issues in terms of understanding the kind of society in which we live and aspire to live. It threatens democratic systems by influencing voters’ electoral choices. At the same time, it poses significant challenges to the foundational principles of the rule of law, since it is widely considered to require remedies that depart substantially from traditional legal frameworks. In the current geopolitical context, the European Union and its member states are at the forefront of addressing these issues and testing solutions. This book offers readers an extensive overview of European achievements and shortcomings to date. Contributions from eminent European scholars specialized in disinformation and digital constitutionalism cover the regulatory frameworks of eighteen legal systems throughout the EU. The authors employ a rigorous legal analysis that combines national perspectives with a broader examination of EU-level regulation. Particular attention is paid to the tension between freedom of expression – a cornerstone of democratic regimes – and the rapid technological transformations that are reshaping contemporary society. Issues such as the limits of regulatory intervention, the role of digital platforms, and the evolution of constitutional principles are discussed throughout these chapters. In addition to mapping existing frameworks, the authors explore anticipated challenges and prospective solutions for the near future. Conceived as a contribution to the body of scholarship on digital constitutionalism and media law, this book will appeal to researchers and scholars of European law, democratic theory, and information governance.

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9783032257840

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Paolo Passaglia holds a PhD in Constitutional Justice at the University of Pisa and in Law at the University of Aix-Marseille III (2001). Since 2016, he is Full Professor of Comparative Law at University of Pisa. Since 2022, he is the  director of the 2nd Degree Master in “Internet Ecosystem: Governance and Rights” (renamed, in 2024, “Law and Technology of the Digital Ecosystem”), at the University of Pisa. He is also the founder and coordinator of the Summer School in “Law and Geopolitics”, at the same University. Since 2011 to 2024, was protempore scientific coordinator of the Comparative Law Area of the Research Department, Constitutional Court of the Italian Republic. He was the Law Clerk of the Vice President, then President of the same Constitutional Court, Prof. Gustavo Zagrebelsky (2003-2004). He has published extensively in Italian, French, and English on several topics of constitutional and comparative law, public communication, human rights. His books deal with procedural invalidity of the law (2002), the French constitutional tradition (2008), the relationships between the Constitutional Court and the legislator (2011, in French), the abolition of the death penalty (2012 in French and 2021 in Italian), and the relationship between geopolitics and law (2026, in Italian).

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