The complicated relationship between the institution of Public Opinion and the public communication processess on the Internet: Fakes news challeging constitutional guarantees

Abstract

Disinformation is challenging the constitutional guarantees of public opinion on the Internet, specifically on social networks. Technological measures cannot fully address this issue. It is required to rethink the fundamental right to information and expression and the public opinion process. The factors of time-space on the digital medium have been transformed: the value of time means “attention” and the value of space is a viral effect. The dynamics of the Internet make information viral and visible and bring about changes to the contexts of messages. And those dynamics make the spreading of fake news easy. The content of the right to freedom of information and expression is increased by the “right of contextualization”, which creates a new legal limit based on “contextualization”. This, in addition to the algorithm respecting personal data protection (privacy), would help to weaken the impact of disinformation on public opinion.

Summary:
I. Introduction II. Identifying the problem and its development III. Defining concepts: The importance of a good perspective IV. From social
media to social network public communication: The applicable constitutional guarantees. V. Rethinking the right to information on the Internet: a perspective on the solution of disinformation and its effects on Democracy VI. Conclusions