Fake News, Internet and Metaphors (to Be Handled Carefully)

Rivista di diritto dei media, 2017

3 Pages Posted: 26 Jun 2018

See all articles by Oreste Pollicino

Oreste Pollicino

Bocconi University - Department of Law

Date Written: 2017

Abstract

The metaphor of the free marketplace of ideas is frequently referred to as a crucial argument to support a liberal view of freedom of speech and contrast the enforcement of measures aimed at preventing fake news. This metaphor is subject to critical remarks for three different reasons.

First of all, whilst it may be the case that the problem of scarcity of technical resources does not affect the Internet, our attention and time continue to be scarce “products”.

Secondly, it is reasonable to ask whether the marketplace of ideas metaphor is well suited to the scope (and limits) of protection for free speech under the European constitutionalism paradigm.

Thirdly, metaphorical language fits in very well with legal reasoning, but it should be handled properly (and with care).

Keywords: Freedom of expression

Suggested Citation

Pollicino, Oreste, Fake News, Internet and Metaphors (to Be Handled Carefully) (2017). Rivista di diritto dei media, 2017. Available at SSRN: https://ssrn.com/abstract=3029499 or http://dx.doi.org/10.2139/ssrn.3029499

Oreste Pollicino (Contact Author)

Bocconi University - Department of Law ( email )

Via Roentgen, 1
Milan, 20136
Italy

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