Le categorie del costituzionalismo e le fonti alla prova della propaganda politica online: utente-consumatore o utente-cittadino?

The categories of constitutionalism and the sources of law under the test of online political propaganda: user-consumer or user-citizen?

Abstract

The paper aims to analyse what are the main problems, in terms of legal categories, arising from the new forms of political speech on platforms and how these (definitional, interpretative, and regulatory) problems have been addressed by legislators. The first part will analyse online political speech on the basis of three perspectives - subjective, content-based, modalities. The second part of the analysis will explore how the legislative sources have "reacted" to the challenge posed by technologies. The research question will be addressed by examining two different legal systems, the Italian (and EU) one and the US one.