Rethinking the freedom of expression in the Digital Age: (still) a human right?

Abstract

Abstract: The text presents a bundle of reflections on the modification of paradigms of media activity and its transition to digital technology environments, assessing their impact on the consideration and weighting of fundamental (and human) rights such as freedom of expression and freedom of information, in comparison with other rights such as honor and good name, presumption of innocence, the right to image, speech and privacy. It then seeks to identify the main nuclei of problems relating to the (self-)regulation and accountability of the activity of the new means of digital dissemination of information, contextualised in a "post-truth" scenario, characterised by the phenomena of the deterritorialization of the technological resources of electronic communication and the pulverisation of responsibility.

Keywords: fundamental rights; human rights; criminal law; freedom of expression and information; right to honour and good name; right to image, word and privacy; presumption of innocence; defamation; privacy disclosure; illicit recordings and photographs; digital technologies; responsibility; fake news; fact-checking.