Monday, July 9, 2018
Oreste Pollicino, Bocconi University Department of Law is publishing Fake News, Internet and Metaphors (to Be Handled Carefully) in Rivista di diritto dei media, 2017. Here is the 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).
Download the article from SSRN at the link.