New Technologies and Freedom of Expression

Abstract

This thesis undertakes to evaluate the EU legal response to the issues that new technologies cause to freedom of expression. It outlines the key phenomena associated with these technologies and their impact on the exercise of this fundamental right, before questioning the adequacy and effectiveness of the EU’s legal safeguards. Thus, the aim of this research is to assess to what extent the EU legal tools are capable of protecting the exercise of freedom of expression in a context where new technologies both expand and limit it. The research finds that current regulatory instruments, including the DSA, the DMA, the AI Act and the GDPR are still insufficient to defend freedom of expression as traditionally guaranteed under the European fundamental rights framework. It shows that these tools address the effects rather than the underlying causes of the problem and therefore, do not constitute a sufficient protection against limitations imposed by private companies and States. As a result, this analysis points out the need for an ethical and shared governance model to face the structural restrictions that shape freedom of expression.