Abstract
This paper analyses regulatory strategies towards disinformation in order to demonstrate the importance of policies that do not encompass speech regulation, but rather target the handling of data and structural regulation. Building on social and communications sciences findings, it sets some premises for the disinformation regulation debate. This includes the paradox faced by regulators referring to liberal democracies’ duty to ensure citizens’ right to freedom of expression and at the same time countermeasure online speech abuses. After analysing and classifying regulatory strategies proposed and implemented in different national contexts, it proposes that statutory regulation should not focus on regulating content or nailing concepts of disinformation, but direct efforts at regulating data and digital platforms’ business models. Finally, the paper will present and extract key learning from the Brazilian experience, where disinformation campaigns led by the 2018 presidential elections fueled a regulatory debate that gained momentum in 2020 when the country started discussing a new regulatory framework for digital platforms.
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