Regulatory fragmentation and ethical challenges in the moderation of disinformation on social media: An analysis from the European Union and Spain

This study examines the legal responsibility of social media platforms in the dissemination of disinformation, a growing phenomenon that profoundly affects public communication, the quality of information, and societal opinion. By analyzing current national and European legislation, the research evaluates the legal obligations and constraints placed on these platforms. It also explores the implications of self-regulation versus government intervention, highlighting the challenges, ethical considerations, and potential benefits associated with both approaches. Additionally, the study assesses the internal policies adopted by these platforms for content moderation and their effectiveness in mitigating the spread of disinformation. The findings reveal a fragmented and evolving legal framework, characterized by significant variations in the allocation of responsibility across jurisdictions. Moreover, the study delves into the ethical and communicative consequences of legal decisions related to disinformation management. It contributes to the broader debate on balancing freedom of expression with the necessity of ensuring truthful information, offering recommendations to strengthen regulation and improve transparency in digital environments.