In this article we discuss the concept of disinformation through a dialogue with the current literature on its impacts over western democracies. We argue that disinformation needs to be thought of as an environment generated by the “disinformative order”, a deeper and more structural phenomena resulting from the association of crises in the democratic political cultures with the functioning of digital platforms. After that, we explain how the superficial understanding of the phenomena is resulting in insufficient, and sometimes contradictory responses from public institutions. This leads us to propose, as a further step in current normative discussion, more systematic models for analyzing legal frameworks against disinformation. Only with a deeper understanding of the phenomena, in its systemic and structural traits, will it be possible to formulate adequate and efficient public policies against it.
KEYWORDS:
Disinformation; Information; Public spheres; Democracy; Regulation