Squilibrio epistemico nei social media: disinformazione sanitaria e teoria contrattuale.

Starting from the growing phenomenon of online health disinformation, this paper outlines the emerging dimensions of informational self-determination as the foundation of the user’s right not to be manipulated. The critical point in legal protection lies in the shift from a focus on data to a focus on informational flows, a shift that, although only episodically pursued, is for the first time partially reflected – albeit within a top-down regulatory approach – in the recent AI Act. The epistemic imbalance between the user and the social network provider calls for new remedial strategies, ranging from debunking to prebunking. In light of the issue of liability for unlawful conduct within the contractual ‘network’, the paper explores the different consequences of violations of both subjective and trans-subjective rights resulting from health disinformation, with particular attention to the protection of fundamental rights through remedial obligations.