Social Media Before Higher Courts In Italy: A Thorough Adaption Of Existing Rules And The Protection Of Constitutional Rights Online

Despite the lack of specific legislation regulating social media in Italy, national case law provides for interesting insights on the protection of fundamental rights in the digital sphere. Over more than 150 decisions have been issued by Italian Higher Courts in the decade 2009-2020, all addressing a wide range of social media-related issues. Those cases focus mostly on the exercise of freedom of expression online and the actual identification of its relevant boundaries. Throughout the analysis of these decisions, the careful exercise of adaptation of existing rules to different technological-mediated cases stands as a common methodological feature. The praiseworthy hermeneutic effort in an evolutionary sense carried out by the Italian jurisprudence does not fail to consider the developments of the European Courts. Yet, the judicial dialogue referring to European case law on social media and its constitutional sources presents several rooms for improvements.