The Citizens' Right To Freedom Of Expression Versus The Necessity Of Combating Disinformation

Abstract

The paper analyzes freedom of expression as a fundamental right and a pillar of democracy, balancing it against the increasing threat of disinformation in the digital environment.

Freedom of expression, enshrined in the Romanian Constitution and internationally recognized, includes expressing thoughts, opinions, or beliefs by any means of public communication. This right is not absolute and entails the obligation to respect the rights of others and not to affect national security or public order. Prohibited acts include, among others, defamation, incitement to national/racial/religious hatred, discrimination, public violence, and prejudice to a person's dignity or honour. Exceeding these limits entails legal liability (civil and criminal).

Disinformation is defined by the European Union (EU) as a series of false or misleading information, deliberately disseminated to obtain economic gain or to mislead the public, potentially causing public harm.

In the context of digital media expansion, disinformation spreads faster and deeper than the truth. Combating disinformation, considered a major challenge for Europe and democracy, requires a strategic, comprehensive approach based on three main directions: accountability of online platforms, education and resilience, and strategic communication.