Între Charlie și Charlie. Despre libertatea de exprimare în epoca rețelelor globale
Between Charlie and Charlie. On freedom of expression in the age of global networks

Summary/Abstract: The article examines the new dimensions of freedom of expression in the contemporary context, in which communication occurs instantaneously and reaches large audiences online through social media platforms. Moreover, such mass communication can be tailored to target specific individuals or groups where it may find particularly receptive ground, and the same message may be conveyed in different ways in order to maximise its impact on different audiences. Despite the concerns expressed by states (especially in Europe) regarding the use of algorithmic manipulation, the article argues in favour of preserving the classical liberal principle of the “free marketplace of ideas”, subject to limited adjustments necessitated by new technologies. Its central thesis is that any form of ex ante censorship constitutes a greater harm than permitting the circulation of non-conforming messages. Civil law and constitutional law arguments are employed to explain the legal limits of censorship within the current normative framework. Finally, the article proposes a series of solutions that may serve as a basis for further discussion on the ex post filtering of prohibited content.

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