The formation of free public opinion and large digital platforms

Abstract

The formation and existence of free public opinion constitutes one of the fundamental pillars of the democratic State. In the new digital age, social media have become the new forums for the formation of this public opinion. Large digital platforms, due to their dominant position in the market and their power to censor and select and prioritize content through algorithms, control communication processes and can jeopardize the free formation of public opinion.

With the aim of preserving the formation of a truly free public opinion, this article advocates specific legislative proposals to limit the censorship power of large digital platforms and control their algorithmic recommendations in electoral processes. In forming this free public opinion, it is also necessary to guarantee respect for fundamental rights such as the right to honor, with­out leaving any room for impunity. Hence the need to hold large platforms accountable for illegal content on their networks that is made anonymously, or to hold them accountable if algorithmic recommendations contribute to its propagation. Likewise, to guarantee the right to truthful information in the communication process, legislative reforms are proposed to require large platforms to incorporate information rectification systems.