The European Constitutional Way to Address Disinformation in the Age of Artificial Intelligence

Abstract The spread of disinformation, such as false and fabricated content, as amplified by the expansion of artificial intelligence systems, has captured the attention of policymakers on a global scale. However, addressing disinformation leads constitutional democracies towards questions about the scope of freedom of expression as the living core of a democratic society. If, on the one hand, this constitutional right has been considered a barrier to public authorities’ interferences to limit the circulation of disinformation, on the other hand, the spread of fabricated content and manipulative techniques, including deepfakes, has increasingly questioned liberal views. This constitutional challenge is further enriched by the role of online platforms which, by mediating speech in their online spaces, are essential tiles of a mosaic picturing the potential regulatory strategies and the limit of public enforcement to tackle disinformation. Within this framework, this work argues that the European constitutional approach to tackle disinformation has defined a unique model on a global scale. The European Union has developed a strategy that combines procedural safeguards, risk regulation, and co-regulation, as demonstrated by initiatives such as the Digital Services Act, the Strengthened Code of Practice on Disinformation, and the Artificial Intelligence Act. Positioned between liberal and illiberal models, the European approach proposes an alternative constitutional vision to address disinformation based on risk mitigation and the collaboration between public and private actors.