Abstract

Abstract The rise of the Internet and associated technologies and the widespread use of social media have deeply affected the relationship between constitutional courts, the media and public opinion. Increased public exposure increases the risks of misunderstandings of courts’ judgments and attacks on courts’ legitimacy. The article aims at addressing the challenges that changes in institutional communication are now posing for constitutional courts. It focuses on the courts’ concern that their decisions are faithfully reported by the media and understood by a specialized audience and the general public. It analyzes the different tools courts have adopted to counteract misinformation and addresses the reasons why constitutional courts have been engaging in a more proactive communication in order to prevent misreading or even exploitation of the contents of their decisions.

Highlights

  • According to a 2017 survey, the Italian Corte Costituzionale is the least known institution among the branches of government in Italy

  • The rise of the Internet and associated technologies and the widespread use of social media have deeply affected the relationship between constitutional courts, the media and public opinion

  • The article aims at addressing the challenges that changes in institutional communication are posing for constitutional courts

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Summary

Do Courts Still Speak Only through Their Cases?

According to a 2017 survey, the Italian Corte Costituzionale is the least known institution among the branches of government in Italy. The Corte Costituzionale only released in the past the “featured decisions” announcements (pronunce in evidenza) – short statements reporting the most important passages of the court’s judgments, in very technical terms They were followed in the mid-2000s by statements – with no title – “from the Consulta Palace” (“dal Palazzo della Consulta”), in 2016 by the presentation of the major cases pending before the Court (agenda dei lavori), and – as mentioned above – since 2018 by anticipatory statements (pronounce anticipate) which anticipate the contents of the cases and are addressed to the general public. 35 The videos (addressing many different issues such as “Rights of foreigners and integration”, “Dignity”, “Right of property in the Italian history”, “Abortion”, etc.) are available at:

The Dangers of Disinformation and Misreading of the Cases
Why Do Courts Need to Communicate Their Judicial Activity by Themselves?
Findings
New Challenges for the Future

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