The State, Truth, and Freedom: Rethinking the Fight Against Disinformation in the Digital Age
The State, Truth, and Freedom: Rethinking the Fight Against Disinformation in the Digital Age

Summary/Abstract: The State — understood as a political entity organized under one government — has traditionally been seen as the guardian of social order and the public good. Consequently, many argue that it has both the legitimacy and the duty to combat disinformation, which often aims to manipulate public opinion or destabilize democracy. Yet, to fight such falsehoods means to regulate speech, raising the crucial question of whether such intervention endangers the very freedom it seeks to protect. Disinformation refers to deliberately false information spread with the intent to deceive, as opposedto misinformation, which is false but shared without malicious intent. « Disinformation can be spread by State or non-State actors. It can affect a broad range of human rights, undermining responses to public policies or amplifying tensions in times of emergency or armed conflict. » according to the United Nations Secretary-General. 3 When a government intervenes to curb disinformation, it enters a delicate territory where the line between protection and censorship can become dangerously thin. Moreover, in an era where information circulates faster than ever before, the rise of disinformation challenges one of the most fundamental democratic principles: freedom of expression. The digital revolution has transformed the way ideas are shared and consumed, allowing every individual to become both a recipient and a producer of information. Social media platforms, while fostering unprecedented connectivity and public participation, have also become powerful tools for the rapid dissemination of false or misleading content. As a result, the question is no longer limited to what individuals are allowed to say, but rather to how the deliberate manipulation of information can distort public opinion and weaken the very foundations of democratic life. False narratives can shape electoral outcomes, intensify political polarization, and erode citizens’ confidence in democratic institutions and the media. The phenomenon of disinformation thus represents not merely a threat to factual accuracy, but a broader challenge to the integrity of democratic debate and the rule of law itself. Thus, to what extent should public authorities intervene to combat the deliberate spread of false information, without jeopardizing freedom of expression and democratic debate?

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