Search results for " freedom of expression"
showing 8 items of 8 documents
Derecho de acceso a la información : el desafío de una sociedad guiada por la transparencia en el ordenamiento jurídico español
2021
This study will address the two aspects of rights linked to information, the right to information and the right to information, to end with the formulation of some conclusions that, distancing themselves from a mere summary, seek to encourage doctrinal and political debate on assumptions that, being peacefully settled, should be reformulated in light of the repeated crisis of transparency. For this, it will be articulated by addressing, first, the most significant aspects of the right to information and its link with the right to freedom of expression, as well as the new challenges that these rights face in the digital age, to then analyze the right to information, its regulation in the Spa…
Democrazia deliberativa e Convenzione europea dei diritti umani
2010
Deliberative democracy and the European Convention on Human Rights Theories of deliberative democracy have rapidly become very popular amongst political scientists. The central argument of these theories is that democratic legitimacy of lawmaking does not lie (or does not only lie) in the elected character of Parliaments but in public delib- eration processes. Decisions have to be justified by reasons and reasons have to be publicly debated. Legitimacy also depends on the opportunity for citizens to participate effectively in public debates. In this paper I argue that the European Court of Human Rights can be a key player in promoting a democracy based on public deliberation and that in the…
Il coordinamento tra gli articoli 8 e 10 CEDU in una recente pronuncia della Supreme Court inglese
2022
Lo scritto prende in considerazione il tema del possibile conflitto tra il dirit- to al rispetto della vita privata sancito dall’art. 8 CEDU e la libertà di espressio- ne riconosciuta dall’art. 10 della stessa Convenzione. L’indagine viene condotta traendo spunto da una recente sentenza della Supreme Court inglese nel caso Bloomberg in cui si dibatteva circa la liceità della pubblicazione della notizia dell’esistenza di indagini riguardanti il dirigente di una società, prima ancora e senza che nei suoi confronti fosse stata ufficialmente formulata alcuna ac- cusa penalmente rilevante. La risposta negativa in tutti e tre i gradi del giu- dizio, in cui fu accertata l’esistenza del diritto del…
Disinformation and Hate Speech: A European Constitutional Perspective
2020
What balance should be struck between freedom of expression, as an essential right and value of any democratic society, and other constitutional rights when facing falsehood and extreme speech? How are Europe and legislators around the world reacting to the rise of online disinformation and hate speech, in the wake of mounting evidence of adverse effects on democratic processes? What is the most effective approach to address and tackle harmful practices over the Internet, if any? These are some of the pivotal questions that this book seeks to explore.
Mercato delle idee e fake news. Note su un problema di esternalità negative nell’ambiente digitale
2023
The spread of fake news in the digital arena has put into question the traditional idea of the self-regulation of public debate: the well-known metaphor of “free market of ideas”. Because of the availability of digital media, the reduction of the overall cost in producing and disseminating false news has dramatically fallen. Everybody at any time can enter the public debate, even though with bad arguments. At the same time, the competition between traditional and digital media has produced an astonishing reduction of the average incomes of the professional journalists. This paper aims to bring to the fore the metaphor of the market of ideas, metaphor that has been used in the US for reducin…
The marketplace of ideas and its externalities: Who pays the cost of online fake news?
2023
Since the nineteenth century, thanks to J.S. Mill, an argument against limiting the freedom of expression has been gaining ground, namely that the truth of an argument is the result of free competition between different ideas in a “marketplace of ideas” and that this competition can yield an approximate form of the truth or a robust argument. In this paper I will argue that Mill’s model of the marketplace of ideas is an “idealised” model because it assumes that there is a subject who seeks to know in a detached manner, without being influenced by his or her expectations, needs, ideologies, or biases. However, the metaphor of the marketplace of ideas is still relevant because it also harbour…
Sulla rilevanza giuridica e costituzionale dell’identità religiosa
2015
The essay reviews the issue of the legal relevance of religious identity, and of its possible scope, from the standpoint of the values that underpin contemporary constitutional States (equality, liberty, dignity, secularism). The essay will try to show that, in the light of the aforementioned values, religious identity has in fact legal and constitutional relevance. This does not imply, however, that legal claims based on religious identity should receive absolute legal protection - rather, they are bound to be consistently balanced against other constitutionally relevant rights and interests.
Risus abundat? Al confine tra libertà di espressione e violenza verbale
2022
The question that lies at the heart of this short essay concerns the effects of laughter on the relationship between the right to freedom of expression, on the one hand, and the potential exercise of verbal violence on the other. In short, the question we ask is whether the presence of laughter increases the spectrum of freedom of expression by reducing that of verbal violence, or, on the contrary, whether the very element of laughter does not laughter does not, on the contrary, determine a multiplication of violence in certain discursive situations.