Tutela dell’integrità dell’informazione e della comunicazione in rete: obblighi per le piattaforme digitali fra fonti comunitarie e disciplina degli Stati membri

Protection of the accuracy of online information and communication: the obligations of digital platforms between European sources and Member States’ policies

Abstract

The article discusses the limits of a regulatory framework imposing to digital intermediaries particular duties of intervention when illicit contents are uploaded by users onto online platforms. The issue at stake is whether EU directions and the newly implemented and draft legislation by Member States threatens online freedom of information by introducing a form of collateral censorship. Therefore, the article explores to what extent intervention by private intermediaries shall be considered legitimate and when, instead, it introduces an indirect form of censorship of the users’ freedom of speech.