Democracy relies on the existence of a well-informed and pluralistic public debate, yet the digital transformation of the information environment has rendered democratic processes increasingly vulnerable. The proliferation of online disinformation – especially when orchestrated by foreign actors – poses a direct threat to the integrity of democratic decision-making and the rule of law within the European Union (EU). This paper critically examines the EU’s evolving legal and policy framework to counter such hybrid threats, focusing on the interplay between internal market regulation and instruments of external action. It first analyses the extent to which key legislative measures – namely the Digital Services Act, the European Media Freedom Act, the Artificial Intelligence Act and the Regulation on political advertising – can be used to counter disinformation disseminated by non-EU actors. It then turns to external action tools, with particular attention to restrictive measures and bilateral agreements. The paper argues that each category of instruments has distinct strengths and limitations, and it ultimately concludes that the EU cannot rely on a single model to address foreign disinformation. Instead, it should adopt a differentiated approach, combining unilateral measures and cooperative frameworks, depending on the Union’s ability to assert jurisdiction and the nature of the actor involved.
Fiorentini, A. (2026). The EU’s Arsenal to Protect Its Democracy from the Threat of Foreign Disinformation. UTRECHT LAW REVIEW, 22(2), 105-124 [10.36633/ulr.1271].
The EU’s Arsenal to Protect Its Democracy from the Threat of Foreign Disinformation
Anna Fiorentini
2026
Abstract
Democracy relies on the existence of a well-informed and pluralistic public debate, yet the digital transformation of the information environment has rendered democratic processes increasingly vulnerable. The proliferation of online disinformation – especially when orchestrated by foreign actors – poses a direct threat to the integrity of democratic decision-making and the rule of law within the European Union (EU). This paper critically examines the EU’s evolving legal and policy framework to counter such hybrid threats, focusing on the interplay between internal market regulation and instruments of external action. It first analyses the extent to which key legislative measures – namely the Digital Services Act, the European Media Freedom Act, the Artificial Intelligence Act and the Regulation on political advertising – can be used to counter disinformation disseminated by non-EU actors. It then turns to external action tools, with particular attention to restrictive measures and bilateral agreements. The paper argues that each category of instruments has distinct strengths and limitations, and it ultimately concludes that the EU cannot rely on a single model to address foreign disinformation. Instead, it should adopt a differentiated approach, combining unilateral measures and cooperative frameworks, depending on the Union’s ability to assert jurisdiction and the nature of the actor involved.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



