Maria Esmeralda Bucalo

Free speech in the social networks’ era between content moderation and the need for flexible regulation

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Abstract

Starting from the premise that digital society and advances in technology determine the need for adaptation, even if only in an interpretative sense, of the legal categories of constitutionalism, the study analyzes the new dimension of the freedom of expression of thought in the “digital environmentµ. Through the examination of the different jurisprudential approaches expressed to protect this freedom in Europe and in the United States, the work also examines the role of social platforms, their power of self-regulation and that of content moderation, which will highlight the need for regulation of the phenomenon that balances the needs of protection of rights and those of technological advancement, which, with its rapid progress, shows its intolerance for disciplines that are excessively rigid and unable to support it.

Keywords

  • Free speech
  • social networks
  • content moderation
  • regulation
  • digital constitutionalism

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