Archive for publications, 2026

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[Commlist] New book: Disinformation in New and Old Media in the XXI Century:Shaping the New Boundaries of Free Speech?

Tue Jul 14 15:28:51 GMT 2026




/*Disinformation in New and Old Media in the XXI Century:Shaping the New Boundaries of Free Speech?*/ is published online. It is edited byRoberto Mastroianni,Professor at the Law School of the University of Naples Federico II (Italy) and former Judge of the Court of Justice of the EU (General Court, from September 2019 to September 2025)& Claudia Massa,Assistant Professor at the same school.


https://doi.org/10.1007/978-3-032-18830-4 <https://doi.org/10.1007/978-3-032-18830-4>

<https://doi.org/10.1007/978-3-032-18830-4 <https://doi.org/10.1007/978-3-032-18830-4>>

Thisvolume examines, from a legal point of view, various regulatory, political, technological and democratic issues related to the disinformation phenomenon in both "old media" (newspapers and broadcasting) and "new media" (digital platforms, social media and artificial intelligence) in two different scenarios: general elections in numerous regions and Russia/Ukraine military conflict.

The common thread that binds these two situations is clear: disinformation may significantly impact the formation of public opinion, thereby prompting public decisions that risk being based on false or seriously distorted news. Starting from the two-abovementioned scenarios, the chapters of the volume concern the current "state of health" of freedom of expression in both "old media" and "new media", and they contribute to answer three main questions:

1)are governmental repressive, corrective or even preventive actions against "false" information in the two scenarios discussed here the right solution? Could any prohibition of disinformation rather lead, paradoxically, to the opposing result of producing a "chilling effect", harmful to the free circulation of ideas, including those who "shock or disturb"?

2)is it still valid that the best antidote to disinformation and hate speech is more speech? Is this conclusion still correct in case of absence of pluralism in the media, when the main sources of information are controlled by one or few media companies?

3)is propaganda of war a specific situation that merits being distinguished from any other form of disinformation?



*Table of Contents:*

Introduction.

Roberto Mastroianni

Part I Disinformation and Propaganda in Times of Elections

Should Social Media Disinformation be Subject to Regulation

and Control?

Russell L. Weaver

How Seriously Should Be Taken Disinformation? Constitutional

and Policy Dilemmas in a Comparative Perspective

Oreste Pollicino

A Critique of European Attempts to Regulate Online

Disinformation

András Koltay

How to Regulate Online Political Advertising to Ensure Democratic

Electoral Processes? Effectiveness, Differences and Influences

of the EU and US Measures

Claudia Massa

Fighting Disinformation and Balancing Free Speech:

A Comparative and Supranational Outlook

Barbara Guastaferro

A Cautionary Tale for the European Union: The Stigmatization

of Dissenting Voices Through Foreign Agent Laws

Sarah Madsen and Fernanda G. Nicola

Part II Disinformation and Propaganda in Times of War

Possibilities and Limits of Regulating Disinformation

and Propaganda in Hybrid Warfare

Björnstjern Baade

Beyond Propaganda—Hybrid War and Weaponization of Rights

Siniša Rodin

The Role of the European Court of Justice in Shaping

the Boundaries of Free Speech: The Legality of EU Restrictive

Measures from Kiselev to RT France

Francesca Finelli

Media Sanctions as a New Regulations Instrument in Europe

Andrei Richter

The International Regulation of the Propaganda for War: Some

Implications Concerning the Armed Conflict Between the Russian

Federation and Ukraine

Claudio Di Turi

Disinformation in the Age of Generative Artificial Intelligence

Rebecca J. Hamilton

Conclusion

Roberto Mastroianni and Claudia Massa

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