La libertà di espressione tra Costituzione e carte europee dei diritti : il dinamismo dei diritti in una società in continua trasformazione

Freedom of expression, a fundamental freedom of modern constitutionalism, is recognized and guaranteed in all national constitutions and international charters, in order to protect the person's innate to express and disseminate their thoughts. Freedom under tension today in light of the pressing technological advancements, and in particular Web 2.0 and next-generation devices, which have a profound effect on the foundations of the legal environment.
The body of work is dedicated to scope of the provisions that recognize and guarantee the freedom of expression, respectively, in the European Convention on Human Rights, in the European Charter of Fundamental Rights and in the Italiana Constitution. The aim is to highlight the differences in the scope of that freedom in the three jurisdictions and as interpreted by the three courts. Attention is paid to the examination of the twists that technological innovations produce on the interpretation of the rules with extensive references to national and European courts.
Starting then from the issues raised in each legal system under investigation, the study comes in a transversal manner of a particular balance: the necessary and inevitable between freedom of expression and the right to honor and reputation, with particular reference to web 2.0.
At the conclusion of the work, the author proposes, on the basis of the results obtained, a possible approach to the hypothesis of the revision of the rules today in the Italian Constitution dedicated to freedom of expression, identifying critical issues and opportunities that such a perspective offers.