UN EQUILIBRIO FRAGILE: DIRITTO D’AUTORE, LIBERTÀ DI ESPRESSIONE E SFIDE DEL MERCATO DIGITALE

The freedom to express one’s thoughts is a fundamental right, recognized by various legal instruments, including Article 19 of the Universal Declaration of Human Rights, Article 10 of the European Convention on Human Rights, and Article 21 of the Italian Constitution. The latter, in particular, not only affirms the right to freedom of expression but also provides enhanced protection for press freedom, which is deemed essential for the exercise of this right. With the advent of the Internet, the dynamics of freedom of expression have changed, necessitating regulation that balances this right with other constitutional values, such as the right to reputation and the protection of the individual. The interpretation of these norms must therefore reflect a rational approach, taking into account the context and the intent of the legislator, to ensure that the freedom to express one’s thoughts does not become unlimited but is exercised in accordance with the fundamental principles that safeguard the dignity and rights of the individual.