Athens Journal of Mediterranean Studies- Volume 6, Issue 3, July 2020 Pages 179-214
https://doi.org/10.30958/ajms.6-3-2 doi=10.30958/ajms.6-3-2
The Role of Algorithms in the Crisis of Democracy
By Gloria Marchetti
The essay aims at analyzing the relationship between algorithms and democracy.
Algorithms used by platforms can lead to disinformation so as to produce an
impact on democracy. The essay then focuses on the possible solutions to deal
with this phenomenon and assesses their limits.
Keywords: Algorithms and democracy, political disinformation, fake news,
democratic electoral process, policy decision process.
Introduction
Algorithms play a fundamental role in current information. In the past,
traditional media managed the production, verification and communication of
news. In online information, instead, it is algorithms used by the platforms that are
relevant. Algorithms are able to sort the information that appears on the users'
screen. This order of news, however, is not the result of an objective and neutral
search: instead, algorithms select the information to be proposed to individual
users based on their interests, opinions and prejudices. This selection is possible
because the platforms collect the users’ personal data, used while surfing the Net
and, through their analysis and aggregation, are able to predict the usersfuture
behavior (Pasquale 2015).
These elements could endanger some democratic principles and values.
Firstly, democracy could be endangered precisely by the weakening of the
information role that traditional mass media had in the past: in fact, they would no
longer be able to select and control information or to deny false news (Levi 2018,
Baker 1998). This is also because citizens tend to get more and more informed
through the Net and less and less through traditional media. Indeed, many citizens,
especially younger ones, inquire only through the Net.
Secondly, the users, through profiling operated by algorithms, are at risk of
receiving only that news that reflects their orientations, opinions and prejudices.
On the other hand, users also tend to search online for information that reflects
their way of thinking and share it with other users. Furthermore, algorithms, in
addition to selecting the news to be proposed to each user, would also produce
another effect, object of study in recent years: the users tend to close and isolate
themselves in the so calledfilter bubble that filters the reality of the facts,
prevents the comparison with different points of view and creates an echo effect
(Pariser 2011). This can create another phenomenon defined as ‘confirmation
bias’, which is the strengthening of one’s own opinions and prejudices. In this
way, the principle of information pluralism could be severely penalized.
Researcher/Assistant Professor of Constitutional Law, University of Milan, Italy.
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Thirdly, algorithms not only contribute to creating and spreading fake news,
but are also able to influence users, who tend to believe it, because it is truthful,
but above all because it is in line with their ideas. Moreover, the average user tends
not to verify the truthfulness of the news but believes it also due to a growing
mistrust towards traditional mass media and because of the number of shares and
likes’. Furthermore, platforms tend to keep the user as much as possible on
certain pages, through the dissemination of news, even false news, capable of
arousing curiosity and emotions.
Thus, algorithms can play a fundamental role in creating and disseminating ad
hoc fake news, for particular purposes. The purposes can be: limit the right to be
correctly informed; orienting public opinion; discredit politicians and governments
and their actions and, consequently, condition the voters’ vote. This fake news,
artfully created for specific purposes, is potentially capable of producing serious
effects. On one hand, the closure of the users in a ‘filter bubble’ and the ‘echo
effect’ contribute to amplify false news especially among like-minded people. On
the other hand, the phenomenon of ‘confirmation bias’, leads users to believe not
so much in the true news but in that which confirms their opinions and their
prejudices. Consequently, these users will tend to share information especially
with those who are ‘locked up’ in the same ‘bubble’. In this way, fake news can be
used as a tool for ideological, cultural and political propaganda. This could
strongly condition public and political opinion and user behavior. There could be a
real ‘manipulationof information, conceived artfully, by ideological movements,
power groups or politicians.
In the media context described above, therefore, the risk is a penalization of
some democratic principles: the principle of pluralism of information; the principle
of freedom of information like the basis for the formation of a public opinion that
leads to a conscious exercise of civil and political rights.
Furthermore, there is another risk, more particularly, for representative
democracy. Algorithms are increasingly present in policy decision-making
processes but this should not replace democratic systems based on indirect
democracy.
There are also other problems. Many users do not know that the information
they receive online is selected on the basis of their profiles but believe that it is
neutral. In any case, users who receive selected information, based on a profiling
that could influence their behavior, ignore the methods and operating criteria used
by algorithms, since these are unknown. This poses problems of transparency and
neutrality in the Net which could jeopardize the exercise of freedom of expression
on the Internet. In addition, users are often unable to distinguish between false and
true information (Barthel et al. 2016, Donald 2016).
The purpose of this study is to offer a contribution to the ongoing scientific
debate on the impact of algorithms on democracy. In particular, believing that
there is a danger for democracy that would justify regulatory intervention by
States, some proposals for measures that can be taken to deal with this phenomenon
will be put forward.
This paper begins with an introduction to the issues linked to the relationship
between profiling online users, through the algorithms, the fake news created
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specifically to manipulate public opinion and the dangers for democracy. Next, a
literature review will show how the recent doctrine has focused on these issues and
many authors have highlighted the risks to democracy due to the spread of fake
news. In accordance with this doctrine, it will be argued that platforms that use
algorithms are potentially capable of producing negative consequences on pluralist
and representative democracy. On one hand, we will examine the role of
algorithms in changes in political information - changes characterized by the
spread of fake news and the strengthening of personalization of politics,
polarization radicalization of the political debate - and on the impact on the
democratic electoral processes. On the other hand, the role of algorithms in the
policy decision process will be analyzed and the risks for representative
democracy will be assessed. The framework that will be described in the work,
will lead to a belief that a regulatory intervention is necessary to limit the creation
and dissemination of that news, specifically created for the purpose of influencing
users’ choices and behaviors, as well as their vote, with serious consequences for
the democratic systems. On the other hand, the hypothesis of regulatory
interventions, that limit the use of platforms that involve users in the policy
decision process, will also be evaluated, because the mechanisms of operation of
algorithms are obscure and many citizens would be excluded. Then, the possible
measures that can be introduced, at the national or European level, aimed at
limiting the impact of algorithms on democracy will be examined. Measures
aimed at: limiting the creation and dissemination of fake news specifically created
to manipulate citizens’ votes; making the functioning mechanisms of algorithms
more transparent; providing for transparency obligations and tools to identify the
author of the false news, through forms of accountability in their dissemination
and the possibility of denying them, through debunking tools, rectifying them or,
sometimes, removing them, after an evaluation by a judicial authority; enhancing
the Media Literacy of network users to develop in them a critical spirit towards the
news. Then, the effectiveness of the various proposed measures will be assessed,
also on the basis of experiments conducted in some countries and researches
conducted, in this regard, especially in the United States. Finally, we will conclude
our results arguing that a single measure, provided for by state regulations, would
not be able to limit the phenomenon of fake news and to make the algorithms
operating methods more transparent. In conclusion, therefore, taking into account
each measure considered has limits, it will be argued that a regulation that
provides for a mix of different measures would be appropriate. It should be
anticipated, however, that a mix of measures is not expected to solve the problem
of the impact of algorithms on democracy.
Literature Review
Research on the impact of algorithms on democracy has started in the
international arena in a relatively recent period. Some of the work in the last years
is summarized below.
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The changes in online information have been studied by Salganik et al.
(2006), Hodas and Lerman (2012), McNair (2017), Nematzadeh et al. (2017) and
Riva (2018).
Shao et al. (2018) conducted research on a sample of articles, showing that a
great deal of online news is untruthful.
Reaney (2013), Barthel et al. (2016) and Donald (2016) highlighted the
difficulties for users in the social media environment, to distinguish between true
and false news.
Baron and Crootof (2017) have shown, through a series of researches, that
users tend to believe more in false news on the Net than in real news spread by
traditional mass media, because they no longer trust them.
On the relationship between online information (or rather disinformation), the
formation of public opinion and democracy, research has been conducted by
Morozov (2011), Panarari (2017), Papa (2018), Cuniberti (2017), Caravita (2018),
Manetti (2018), Pitruzzella (2017), Costa (2016), Borello (2017), Pinelli (2017),
West (2017), Syed (2017), Balkin (2018), Boccia Artieri and Marinelli (2018),
Gurumurthy and Bharthur (2018), Mezza (2018), Smith-Roberts (2018).
Pasquale (2015) talks about the Black Box Society by assimilating the
platforms to a black box: in the same way as black boxes the platforms collect our
data but it is not possible to know how they work.
Baker (1998) and Levi (2018) wonder if the weakening of the informative
role of the press and, more generally, of the traditional mass media does not
constitute a danger for democracy, as they are no longer able to neutralize false
news and exercise their role as "gatekeepers" on the activities of the institutions
and power.
Pariser (2011) highlights the risk that the user tends, in the network, to close
himself in a bubble’ built on the basis of his ideas, beliefs and prejudices,
reinforcing them. Other studies on the topic have been conducted by Zuiderveen
Borgesius et al. (2016) and Pitruzzella (2017).
Aalberg and Curran (2012), Donati (2017), Pizzetti (2017), Tucker et al.
(2017), Bassini and Vigevani (2017) and Gallone (2019) have studied the possible
effects of fake news on democracy.
More specifically, D’Atena (2018) and Ciarlo (2018) believe that fake news
can influence and manipulate the consent of the voters and, consequently, their
vote. Frosini (2017) has a different opinion. Huighe (2016), Berghel (2017),
Bennett and Livingston (2018), Lorusso (2018), Morgan (2018), Ziccardi (2019),
Allcott and Gentzkow (2017), Groshek and Koc-Michalska (2017) and Caravita
(2019) also studied the topic.
Frankovic (2016), Gaughan (2017), Russonello (2016), Persily (2017), Faris
et al. (2017) and Ciarlo (2018) highlighted the impact of the Net on the American
presidential election vote and Brexit.
The studies of Keyes (2004), Sinclair and Wars (2006), Ratkiewicz et al.
(2011), Bakshy et al. (2015), Rožukalne (2015), Huighe (2016), Silverman (2016),
Quattrociocchi and Vicini (2016), Quattrociocchi and Vicini (2018), Giglietto et
al. (2019), Iacoboni (2016), Gili and Maddalena (2017), Spohr (2017), Grassegger
and Krogerus (2017), Bistagnino and Fumagalli (2018), Del Vicario et al. (2019),
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Perucchietti (2018), Visco Comandini (2018) and Reinemann et al. (2017) have
highlighted the changes in online political information.
Furthermore, recent studies have dealt, more specifically, with the tools to
combat the phenomenon of fake news, also highlighting their limits. Some studies
listed below are significant in this context.
Butler (2018) expects a legislative intervention to deal with the phenomenon
of fake news. On the contrary are Goldberg (2018), Klein and Wueller (2017).
The studies of Nyhan and Reifler (2010), De Keersmaecjer and Roets (2017)
and Nyhan and Reifler (2019) have highlighted the limits of the correction or
removal systems of fake news.
De Keersmaecjer and Roets (2017), Royster (2017) and Jolls and Johnsen
(2018) believe that Media Literacy is ineffective.
Nyhan and Reifler (2010), Nyhan (2017) and Pennycook and Rand (2017)
believe that fact checking and warning systems are ineffective.
The studies of Zollo et al. (2017) and Baron and Crootof (2017) showed that
debunking is ineffective.
Methodology in the Analysis of Topics Covered and Expected Results
The methodology used in the research of problems and concepts includes a
careful analysis of updated literature, capable of expressing the theoretical and
scientific, as well as practical, findings of the topics covered in this study.
Considering the context in which the theme of the relationship between
algorithms and democracy is developing, without a practical approach, many of
the considerations made would not be understandable. For this reason, the results
of researches carried out in recent years have been examined, which concern the
analysis of the facts and practical implications related to the impact of algorithms
on democratic processes. On the basis of this researches, also based on the
empirical experiences that have taken place, in the United States and in European
countries, it will be possible to argue that platforms that use algorithms are
potentially able to produce negative consequences on pluralist and representative
democracy.
The methodological approach is the legal one and the solution proposed to
deal with this phenomenon is based on regulatory intervention.
The method used in the research is aimed at motivating the proposal to
introduce legislation, at the level of individual States, or at the level of the
European Union, which provides for adequate measures aimed at limiting fake
news harmful to democracy and at enhancing the transparency of algorithms.
However, the results of researches carried out in recent years, also on the basis
of the examination of experiments introduced in some countries and by the
European Union, have revealed the limits of these measures.
Therefore, the expected result of the research is not to identify the best
solution to deal with the problems covered by the study but, rather, to demonstrate
the need for a regulatory intervention that provides for a mix of measures.
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Measures that, even if they cannot completely solve the problem of the impact of
algorithms on democracy, can, at least in part, limit its negative effects.
The Role of Algorithms in Changing Political Information and its
Consequences on the Democratic Electoral Processes
The algorithms used by the platforms have changed the characteristics of
political information with possible consequences for democracy.
Among the fake news that algorithms help to create and disseminate there are
those concerning politics, in general, and election campaigns, in particular. Thanks
to ‘profiling’ it is possible to know the users’ orientations and prejudices.
Leveraging on profiling, politicians tend to give more prominence to news that can
give them greater visibility and to arouse empathy and emotions in users
(Ratkiewicz et al. 2011, Silverman 2016, Shao et al. 2018). The objective of the
political information, in this case, is no longer to inform about the activity of
politicians or parties, but to obtain consensus and discredit opponents and their
actions, through the creation of fake news and ad hoc reality (Keyes 2004, Gili and
Maddalena 2017, Grassegger and Krogerus 2017, Pitruzzella et al. 2017,
Bistagnino and Fumagalli 2018). So, platforms that use algorithms play an
important role in electoral and democratic processes. Because user profiling can be
used, political opinions are easily orientable by this fake news. This has important
consequences not only for the right to information but also for the results of the
elections, thus affecting democracy itself. In fact, starting from the vote on Brexit
and for the American elections, the problem of the manipulation of consensus and
the ‘pollution’ of the electoral campaigns, also by foreign governments, has arisen
during several elections: for example, for the presidential elections in France in
2017, for the political elections in Italy in 2018 and for the European elections in
2019. And it is precisely since 2016, following the election of President Trump
that the attention of scholars has focused on the risk that information on the Net,
through the ‘profiling’ of users - operated by algorithms used by search engines
and by social media - can be used as a tool for political propaganda. Through
profiling, in fact, the platforms have the possibility of orienting public opinion,
limiting the comparison with a plurality of positions and information and may be
able to manipulate the voters and, consequently, their vote (Persily 2017, Cuniberti
2017, Caravita 2018, Manetti 2018, Papa 2018, Berghel 2017, Bennett and
Livingston 2018, Ciarlo 2018, D’Atena 2018, Morgan 2018, Ziccardi 2019,
Allcott and Gentzkow 2017, Groshek and Koc-Michalska 2017). It is true that it is
not possible to evaluate, in concrete terms, the impact of electoral propaganda on
voters’ voting through platforms, and, in particular, through social media.
However, it seems undeniable that the media environment, dominated by
algorithms, favors the manipulation of consensus and electoral campaigns.
Equally dangerous for democracy is the personalization of policy where the
relationship between politician and voter profiled becomes direct. In this context, it
is not relevant information on the activities of political parties or the government
but the message of the politician, in order to obtain consensus (Perucchietti 2018).
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On the other hand, the Web network is often perceived by users as a means of
expressing dissent and to destabilize traditional politics, traditional media and
intermediate bodies, including political parties. From this point of view,
disintermediation is a problem in the countries based on representative democracy.
Furthermore, a danger to democracy is represented by the pollutionof the
online public debate. The language of online political information is different from
that used by traditional media (Mazzoleni 2012). Because the message tends to be
direct and shared, the language is often characterized by exaggerated and
aggressive tones that seem to leave little space for dialogue and political
confrontation. In this context, the fake news strengthens polarization due to the
filter bubblesand ‘echo chambers’ created by users’ tendencies to follow those
who share their opinion and prejudices. In this way, a party polarization is created
in a ‘post-truth’ society: the political debate is no longer rational because users
tend to isolate themselves in a ‘bubbleand remain closed to different positions.
The polarization of some topics occurs above all before election time: fake news
online tends to amplify and polarize some topics, like populism, nationalism, white
supremacy, anti-immigrant sentiment, homophobia, antimulticulturalism,
antisemitism and racism and the need for strong leadership to restore a social order
(Ciarlo 2018).
In this media context, the most radical parties seem to be gaining ground
because - thanks to profiling through algorithms - they leverage the opinions and
prejudices of the voters. The candidates tend to create sensational information in
order to discredit the opponents (Rožukalne 2015, Huighe 2016). Trump's
campaign was a demonstration of this. The Net tends to produce and disseminate
fake news which, however, is believed to be true by users who are often induced to
support radical political movements, especially right-wing ones. These radical
right-wing movements tend to reject the institutions, traditional parties and
traditional media. It is true that the polarization and radicalization of politics are
due, more generally, to a series of contingent circumstances, such as: the crisis of
traditional parties, the inability of the political class to make viable proposals in the
long run and to cope with certain economic and social situations. Circumstances
that have increased citizens’ distrust of traditional parties, institutions and the
press, as well as systems of representative democracy. But it is equally true that the
Net favors and amplifies the polarization and radicalization of politics. It is
precisely citizens who seek alternative information and new political movements.
Of course, there are also some radical leftist movements that spread fake news.
Similar to the right-wing movements, there are radical left movements that tend to
discredit traditional parties and democratic institutions. This could help increase
the legitimacy crisis of democracy (Della Porta et al. 2017). In this context, one
could point at, for example, the anti-political mobilization such as Occupy Wall
Street and the Spanish M-15 Indignados and movement-parties such as Podemos
in Spain. Even in cases where political information does not fit into a radical
framework, there has been a polarization and radicalization of the political debate
that have led to institutional divisions within democracies. Significant, in this
sense, are the examples regarding the Brexit vote in the United Kingdom, the rise
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of the Five Star movement in Italy and the victory of Emmanuel Macron in France
(Iacoboni 2016).
These phenomena develop for several reasons. First of all, citizens seem to
harbor greater distrust, than in the past, towards traditional politics, parties and the
old media. Furthermore, algorithms used by platforms, being able to create and
disseminate credible fake news for users, because they are profiled, make them
believe that their minority opinion is shared by many.
All this can have serious consequences for democracy such as: a limitation of
freedom to receive correct and objective information and damage democratic
electoral processes.
The Role of Algorithms in the Policy Decision Process:
The Risk for Democracy
On the other hand, a threat to democracy stems from the role of algorithms in
the policy decision process and the consequences for citizen rights.
On the one side, through the platforms that use algorithms, a damage and a
delegitimization of the representative democracy, takes place. Through the
creation of fake news, by politicians, political parties, foreign governments, power
groups or lobbies, not only public opinion and the vote of the voters are
conditioned, but also the choices of politicians and government. The politicians,
who through social media establish an increasingly direct relationship with the
voters, will tend to make choices based on their requests. This could involve the
risk that these choices are not prudent and effective in the long run but rather
dictated by the need for immediate consent, which can be assessed through sharing
and ‘likes’. Just as voters can be conditioned by online political propaganda in
their vote, politicians can be conditioned in their decisions by the amount of ‘likes’
received. The problem is that, in this way, voters who do not use the Net may not
have the opportunity to make their voices heard.
On the other hand, algorithms should enhance citizens ability to participate in
public life. However, even in this case, many citizens would be excluded from this
participation. Such participation has nothing to do with new types of direct,
deliberative and participatory democracy, which can be considered positive, but
only if they guarantee the involvement of all citizens. Furthermore, algorithms
should not replace democratic institutions and the democratic systems based on
indirect democracy. It is not acceptable to have completely automated political
decisions, but despite that, algorithms are increasingly present in the decision-
making processes. As a matter of fact, in some countries (e.g., Denmark) many
public policies are adopted by algorithms with risks to democracy. Even in Italy
the initial success of the Five Stars was partly due to the idea of citizen
participation in the choices of politicians through the so-called Rousseau platform.
The problem is that the algorithms are controlled by private corporations and elites
and that the lack of transparency of some automated data processing could
threaten democracy.
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The Need to Introduce Regulation to Limit the Impact of Algorithms on
Democracy: Examples of Regulation
In the light of the considerations made so far, it is believed that there is a
danger for democracy such as to justify regulatory intervention, by individual
States or the European Union. This in order to limit the impact of algorithms in
democratic electoral processes and in the policy-decision processes. This is
because the voting of the voters must be unconditional and policy-based tools
based on platforms that endanger representative democracy are not admissible.
On the one hand, a regulation aimed at limiting the spread of fake news
capable of altering democratic values should be introduced. In this regard, some
European countries have adopted laws that provide for measures such as: the
criminal repression of fake news; the provision of transparency obligations for
Internet Server Providers (ISP) and the correction of fake news; the promotion of
Media Literacy Programs. The disciplines introduced in Germany (Gesetz zur
Verbesserung der Rechtsdurchsetzung in sozialen Netzwerken Netzwerkdurchse-
tzungsgesetz - NetzDG, n. 536/17, 30 June 2017, aimed at countering all false
news) and in France (Loi n. 2018-1202 du 22 décembre 2018, aimed at combating
online disinformation during election periods) are based on penal repression: the
purpose is to remove fake news and to punish criminally those who publish or
disseminate it on the Net. Always with the aim of countering fake news,
legislation has also been established in the order to impose obligations on ISP, to
guarantee greater transparency and identify the authors of false news or to allow
the ratification of certain information. The French law of 2018, for example, in
addition to what has already been said, imposes on the platform’s transparency
obligations, in the pre-election periods, when they distribute sponsored contents,
and provides for penalties in case of non-compliance. The Spanish law of 2018
(Ley Ornica 3/2018, de 5 de diciembre, de Protección de Datos Personales y
garantía de los derechos digitales) requires platforms to adopt protocols to allow
users to exercise the right of rectification against users that disseminate content
that violates, among other things, the right to receive truthful information. Other
countries, such as Finland and Great Britain, have instead adopted Media Literacy
measures for users. These are measures that aim at providing users with useful
tools to consider information in a more conscious, independent and critical way, in
order to assess its veracity.
On the other hand, legislation aimed at pushing platforms to clarify the
functioning mechanisms of their algorithms should be introduced. In this regard, it
is appropriate to remember that the Communication of the European Commission
of 26 April 2018 (COM (2018) 236 final), entitled ‘Tackling online disinformation:
a European approach’, provided for the elaboration of a Code of good practices,
valid in each Member State, on the issue of disinformation, aimed - in addition to
enhancing accountability and fact checking measures - to make the mechanisms of
operation of algorithms more clear. Subsequently, the self-regulation code for
digital platforms, of September 2018, aimed at combating the spread of false or
misleading news, aimed at influencing the opinion of citizens or guaranteeing
advertising income, was signed by some large digital platforms (Facebook, Google
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and Mozilla), by some associations of platforms (EDIMA - Association of
platforms) and advertising. However, among the aspects that have not been
adequately considered by the Code, in contradiction with the guidelines indicated
in the Commission Communication, there are precisely those concerning: the
provision of greater transparency, both in terms of resources and sponsorships, and
the platforms’ commitment to clarify the functioning mechanisms of algorithms.
However, this is an objective that will be difficult to pursue.
Conclusions: The Difficulties in Defining Effective Measures to Limit the
Impact of Algorithms on Democracy
We can therefore argue that there is a need to introduce legislation, at the level
of individual States or of the European Union, which provides for adequate
measures aimed at limiting fake news harmful to democracy and at enhancing the
transparency of algorithms. The problem, which we will try to highlight, is that
these measures, however, have limitations, as well as being often difficult to
implement.
First of all, in order to limit anonymity, transparency and accountability
obligations should be provided for the activity of spreading false news capable of
manipulating political opinions and conditioning voters' voting. Accountability
tools are particularly useful because often users, politicians, power groups and
governments use, in addition to invented names, fake accounts, i.e., anonymous or
fake digital profiles, often created by robots. This is not a generalized introduction
of the tool of anonymity: in general, in fact, the right to anonymity must be
protected online, because it protects the freedom of expression and criticism in
repressive or dictatorial regime contexts (think of the role of the Internet in the
Arab Spring protesters). Instead, it would seem appropriate to introduce forms of
struggle against anonymity in the case of fake news specifically disseminated by
political subjects or power groups, in order to manipulate the political opinion of
users and condition their vote, with repercussions on democracy. Of course, this is
a delicate issue, because a part of the political class and many scholars are
opposed, in any case, to the provision of tools that limit the right to anonymity.
From a practical point of view, moreover, users, through new and sophisticated IT
tools, could manage to circumvent the obstacle of the limit to anonymity.
Tools aimed at faciliting the reporting, by users, of fake news and fact
checking tools, in order to verify the objectively false news that causes damage to
democracy, could be introduced. Even fact checking tools, however, could prove
to be ineffective. It would be impossible to entrust private individuals with a task
of monitoring and verifying the news, because the mechanisms of operation of
algorithms remain largely obscure both for users and for those who should adopt
contrasting solutions. Furthermore, the hypothesis of using algorithms as fact
checking tools to automatically identify false news poses some problems. It is
doubtful that, at the moment, an algorithm could be able to verify the reliability
and truthfulness of the news. But even if there were algorithms capable of
completely eliminating certain fake news, dangerous for democracy, it cannot be
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ruled out that users - due to the phenomenon of ‘confirmation bias’ - would
continue to believe false news because it is more in line with their opinions and
with their prejudices. Algorithms could also replicate and amplify user bias,
especially in a highly polarized political context (Nyhan and Reifler 2010,
Pennycook and Rand 2017). On the other hand, even if it were possible to develop
algorithms capable of completely eliminating fake news harmful to democracy,
useful news would also disappear, which, however, should still be available to
users (Giglietto et al. 2016, Nyhan 2017).
At the same time, legislation would need to provide for debunking tools,
aimed at doubting or denying, on the basis of scientific methodologies, false
claims. But even these tools may not produce the desired effects. Once the news
has been widespread, it is unlikely that a denial will reach all users who have read
and shared it, regarding it as true. Moreover, the possible denial of false news,
spread on the Net, risks it not being taken into consideration. In this regard, the
research by Zollo et al. (2017) has shown that debunking is not effective because
debunking posts tend to stimulate negative comments of users and fail, however,
to change their initial opinions; indeed, users are inclined to believe that
widespread truth is the result of a conspiracy to stem the fake truth they believe in
and, therefore, continue to spread fake news (Zollo et al. 2017).
Finally, regulation that enhances Media Literacy would be appropriate, in
order to develop knowledge and a critical spirit of citizens that allow them to
evaluate a news item with greater objectivity. Even the tool of Media Literacy,
however, may not produce the expected effects. In this regard, we agree with De
Keersmaecjer and Roets (2017) who have highlighted that Media Literacy,
operating through rational processes, may not work because there is an emotional
and irrational aspect that, as we have seen, leads users to believe in fake news (De
Keersmaecjer and Roets 2017). Moreover, Royster (2017) and Jolls and Johnsen
(2018) have shown in their studies that the literacy programs, so far adopted, have
not been effective (Royster 2017, Jolls and Johnsen 2018).
In conclusion, it can be argued that all the measures examined so far, or
introduced in some countries, present problems, both in relation to their
implementation and their effectiveness. Furthermore, it is difficult to impose
obligations on platforms that constitute commercial giants that aim at profit.
However, it is believed that, faced with a ‘concrete’ risk for democracy, individual
States or the European Union must take all possible measures to deal with the
phenomenon of the impact of algorithms on democratic values and processes. A
regulation should therefore be adopted which envisages a mix of measures aimed
at: limiting the creation and dissemination of fake news, specifically created to
manipulate political opinion and the voting of the voters; making the functioning
mechanisms of the algorithms more transparent; providing for transparency
obligations and tools to identify the author of the false news, through forms of
accountability in the dissemination of the same and the possibility of denying
them, through debunking tools, rectifying them or, sometimes, removing them,
after an evaluation by a judicial authority; enhancing the Media Literacy of
network users to develop in them a critical spirit towards the news.
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210
Of course, we are aware that even by adopting all the measures described
above, at the same time, this will not solve the problem of the impact of algorithms
on democracy. But it is believed that States and the European Union must take
firm action to limit, at least in part, the distorting effects of this phenomenon.
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