Democrazia (digitale) sotto attacco? Un’analisi del quadro normativo e giurisprudenziale sovranazionale tra libera informazione e pubblicità politica mirata

This article examines the growing challenges posed by online political microtargeting in the European regulatory and jurisprudential landscape. Against the backdrop of increasing digitalisation and the risks it poses to democratic integrity, the paper analyses the interplay between the DSA, the new EU Regulation on political advertising, and the fundamental rights enshrined in the EU Charter and the European Convention on Human Rights. It examines how supranational courts strike a balance between freedom of expression and privacy and data protection, highlighting the diverging approaches of the CJEU and the ECHR. The study argues that current regulations are overly driven by data protection concerns, potentially marginalising political speech in digital spaces. A more integrated and balanced framework is advocated to effectively safeguard democratic values, ensure transparency, and uphold citizens’ rights in the evolving context of digital political communication.