FREEDOM OF EXPRESSION AND FAKE NEWS THE THREAT OF DIGITAL ANONYMITY TO FUNDAMENTAL RIGHTS AND DEMOCRACY

Abstract

This paper analyzes the impacts of digital anonymity on the dissemination of fake news and its effects on fundamental rights and the democratic regime. The research is based on the premise that freedom of expression, although constitutionally guaranteed, encounters normative limits when confronted with practices that distort the truth and compromise the free formation of public opinion. In this context, professional journalism is placed at a disadvantage, as it is subject to editorial responsibility standards from which ordinary users—often anonymous—are exempt. The study demonstrates that the environment of social networks, marked by the absence of content curation, segmented algorithmic architecture, and leniency regarding the creation of fake profiles, enhances the spread of so-called fake news. The paper concludes with the need to revise the current regulatory framework, highlighting the restriction of digital anonymity and the recognition of platform civil liability as essential conditions for safeguarding democracy and informed freedom.