Freedom of Expression in the Age of Digital Platforms: Change of Paradigm?

This paper discusses some of the challenges presented to protecting of freedom of expression by the emergence of digital platforms and social networks. It is suggested that these challenges imply a rethinking of freedom of expression in the twenty-first century. To support this conclusion, we start by making some introductory remarks about freedom of expression. Afterwards, we address the dangers arising from the digital revolution and from the new “information society” to this freedom. We particularly address the new restricting techniques of freedom of expression, specifically, the curtailing of freedom of expression by on-line platforms and social networks, the use of “flood information” techniques, as well as the phenomenon of “fake news” and, lastly, on-line harassment. Given these dangers, we propose that it is up to the State, as the guardian of fundamental rights, to regulate this new digital reality, safeguarding freedom of expression.