Abstract

The paper assumes that the increase in misinformation has also been facilitated by the strong suspicion of regulating the ways in which fake news can circulate on the net. This is certainly not the only factor that has facilitated the increase, unless we are willing to bet that a good law is enough to solve the problem. But suspicion of regulation should be taken seriously, not only because it delegitimises by definition anyone seeking a non-spontaneous remedy to disinformation, but also because it reflects still widespread beliefs about democratic freedoms, which it is time to put to the test in a different era. The structuring of the new media, which radically changes the context and the fundamental objectives of information, is one of its major symptoms. This is why, before identifying the terms of a regulation, it is necessary to check whether it can be given an appropriate constitutional framework.