The advent of social media has expanded the opportunity for communicative wrongdoings, such as defamation. Communication via social media differs greatly from traditional methods. In particular, “one-click” buttons (for example, “retweet” and so-called reactions, such as the “like” or “love”) enable users to promote offensive content without using written words, allowing people to express themselves in other ways than writing. This study investigates whether these activities are offensive communicative acts or can be classified as new publishing of undesired or offensive content. To that end, it explores solutions developed in Switzerland and the United States. Finally, it focuses on how such acts are treated within the Italian legal system to determine whether they meet the objective, subjective, and causal requirements of civil wrongdoings.
È “solo un like”? Alcune riflessioni comparatistiche in materia di responsabilità civile per la reazione a contenuti controversi pubblicati sui social network
Binato Giulia
2024
Abstract
The advent of social media has expanded the opportunity for communicative wrongdoings, such as defamation. Communication via social media differs greatly from traditional methods. In particular, “one-click” buttons (for example, “retweet” and so-called reactions, such as the “like” or “love”) enable users to promote offensive content without using written words, allowing people to express themselves in other ways than writing. This study investigates whether these activities are offensive communicative acts or can be classified as new publishing of undesired or offensive content. To that end, it explores solutions developed in Switzerland and the United States. Finally, it focuses on how such acts are treated within the Italian legal system to determine whether they meet the objective, subjective, and causal requirements of civil wrongdoings.
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