Post, Robert and Maduro, Miguel, Misinformation and Technology: Rights and Regulation Across Borders (November 17, 2020). Global Constitutionalism: 2020 , Available at SSRN: https://ssrn.com/abstract=3732537 or http://dx.doi.org/10.2139/ssrn.3732537

“The “virtual” public sphere has taken on unprecedented importance, exposing a variety of legal questions regarding the governance of the internet and its relationship to democracy and freedom of speech. This Chapter begins with reflections on the traditional public sphere and its evolution into a virtual phenomenon. Virality, interactivity, and zero marginal information costs have exacerbated traditional issues with fake news. The algorithmic distribution of information has distorted public deliberation. The interaction between national and international public spheres has never been so seamless, leading to unprecedented issues in the governance of national communication environments. The Chapter examines legislative and judicial responses to these new challenges.”