Constitutional Foundations for Regulating Digital Media in Confronting Disinformation: A Comparative Study

Abstract

This research examines the constitutional foundations governing the regulation of digital media in light of the rapid development of modern communication technologies and the resulting legal and constitutional challenges stemming from the spread of misinformation and its impact on public opinion, the democratic process, national security, and fundamental rights and freedoms. It explores the extent to which comparative constitutions and legislation can achieve a balance between protecting freedom of expression and the right to access information, on the one hand, and enabling the state to take necessary measures to counter misinformation, on the other, in accordance with the principles of legality, proportionality, and necessity.
The research problem lies in questioning the adequacy of existing constitutional foundations for regulating digital media in the face of misinformation, the limits of legislative and executive authority intervention in imposing restrictions on digital content, and the constitutional guarantees that prevent the abuse of these powers. The research employs a comparative analytical approach, studying the provisions of the 2005 Iraqi Constitution and comparing them with other constitutions, legislation, and comparative judicial trends.
The research concluded that the success of regulating digital media is not achieved through expanding legal restrictions, but rather through creating a balanced constitutional framework that protects freedom of expression and guarantees the right to access information, while subjecting restrictions to the oversight of the constitutional judiciary, adopting the principles of legality, proportionality and necessity, and promoting transparency and digital literacy as among the most important means of reducing the spread of misinformation.