Truth and Deception Across the Atlantic: A Roadmap of Disinformation in the US and Europe

Abstract

This paper offers a bird’s eye view of the complex dynamics and legal constraints that shape the digital information ecosystem, and how lawyers and policy-makers should think about possible solutions to the issues at hand. The Authors believe that some action against disinformation is needed, and tend to favour actions that regulate platforms rather than direct regulation by the state, e.g. ensuring that platforms have effective mechanisms for eradicating fake account and coordinate disinformation efforts, ensuring greater transparency and traceability of disinformation and the financial incentives related to it, ensuring appropriate remedies for individuals affected. It seems that governments and institutions around the world, including some European countries, are so eager to regulate fake news that they might overstep their legitimacy bounds in doing so. The Authors warn against that, advocating a nuanced approach which takes into account the specific political and technical circumstances in which platforms and states operate to devise adequate measures for regulating online speech in the digital economy.