COPYRIGHT - AN ACTIVE TOOL FOR COMBATING NEGATIVE PHENOMENA IN THE DIGITAL CONTEXT, WITH A FOCUS ON DISINFORMATION

Abstract

The spread of negative phenomena and the infringement of rights has become a prominent issue, particularly with the emergence of the internet and social media, or more broadly, the rise of new media, which significantly influence the shaping of public opinion.
New media refers to digital technologies that enable interactive and networked communication, in contrast to traditional media such as television, radio, and print. They encompass various platforms, including social media, blogs, podcasts, online video sharing, virtual reality, and mobile applications. These have brought about a profound transformation in the way content is created, distributed, and consumed. However, this progress has also introduced significant challenges concerning the protection of copyright and related rights in the digital environment.
Disinformation is a negative phenomenon on the internet that undermines democratic values, the rule of law, transparency, and the accuracy of disseminated content. On one hand, it infringes upon the digital space and poses a threat to copyright violations, while on the other hand, copyright can be used as an active tool in combating this negative phenomenon.
The main problem is how the European Union's policies on copyright and related rights can address the specific needs and challenges brought by new media. Although the EU has developed a robust legal framework, it is under constant pressure to adapt to technological innovations and challenges in the media landscape, including negative phenomena such as disinformation, manipulation of public awareness, and hate speech, while not infringing upon the space for the right to freedom of expression.
This paper, by examining existing legal frameworks, with a specific focus on the Copyright Directive in the Digital Single Market (Directive 2019/790), highlights the potential role of the directive in addressing the ethical and legal challenges posed by disinformation. This research emphasizes the importance of strengthening the relationship between copyright enforcement and the fight against disinformation, an area that has yet to be fully realized or explored in legal scholarship.