Elections and duties of care

legal instruments to combat disinformation

Abstract

This article discusses the duties of care as existing legal instruments for combating disinformation, in light of the control of social media in elections and the right to freedom of expression. To this end, it analyzes the general aspects of the topic of disinformation, the regulation of social media, and the identification, in electoral legislation, of duties of care as instruments in confronting disinformation. It inquires into the relationship of preference between these instruments in combating disinformation, given the essential need to ensure freedom of expression. The hypothesis puts forward the thesis of the primacy of social media regulation with an emphasis on the systemic panorama. The research adopts a legal-dogmatic approach, with normative and jurisprudential analysis. As a result, it concludes that compliance with duties of care is necessary, based on the  premise of digital regulation focused on the design and functioning of social media.