Freedom of expression after disinformation: Towards a new paradigm for the right to receive information

Abstract

As part of the EU strategy to combat disinformation, the Media Freedom Act has introduced a right to have access to a plurality of editorially independent media content, marking progress beyond the current EU legal framework and ECHR case-law. This shift can be attributed to a heightened societal awareness of the impact of harmful expressions, an increasing focus on duties and responsibilities in human rights, and the disjunction of production and distribution in the digital media industry. This right appears to possess a distinctive horizontal and positive dimension, and ultimately consists of a right not to receive media content of such quality that hinders the democratic discourse.