Przeciwdziałanie dezinformacji w świetle konstytucyjnej zasady ochrony wolności wypowiedzi
Counteracting disinformation in the light of the constitutional principle of protecting freedom of expression

Summary/Abstract: The dynamic development of information technologies and the reality of hybrid warfare in Europe have led to an increase in threats related to disinformation activities conducted by entities hostile to the constitutional order. This is a challenge and a need to respond for both the EU and national legislators. Legislation in this area must take into account the need to achieve a balance between the guarantees of freedom of expression and the scope of its legal restrictions on the basis of various branches of law: the Council of Europe system, EU law, constitutional law, civil law and criminal law. In particular, EU law addresses legal solutions taking into account the dominant position of some economic entities in the Internet space. The aim of the study is to define the legal nature of the disinformation phenomenon, to identify legal instruments in national and European Union law that serve to counteract the creation and spread of disinformation and to assess the chances for an effective, systemic reduction of the problem.

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