2 See Federal Trade Commission Staff Report, “Self-Regulatory Principles For Online Behavioral Advertising: Tracking, Targeting, and Technology” (February 2009); and “IAB Europe Framework for Online Behavioural Advertising,” IAB Europe, April 2011.
3 Eytan Bakshy, Solomon Messing, and Lada A. Adamic, “Exposure to Ideologically Diverse News and Opinion on Facebook,” Science 348, no. 6239 (June 5, 2015): 1130–32.
4 Josef Drexl, “Economic Efficiency versus Democracy: On the Potential Role of Competition Policy in Regulating Digital Markets in Times of Post-Truth Politics,” Max Planck Institute for Innovation & Competition Research Paper No. 16-16 (December 7, 2016).
5 Will Oremus, “Who Controls Your Facebook Feed,” Slate, January 3, 2016. See Facebook’s guidelines on relevance scores: (February 11, 2015).
6 Michael A. DeVito, “From Editors to Algorithms: A Values-Based Approach to Understanding Story Selection in the Facebook News Feed,” Digital Journalism 5, no. 6 (2017): 753–73.
7 John Milton, Areopagitica (1644; Cambridge: Cambridge University Press, 1918). Jill Gordon, “John Stuart Mill and the ‘Marketplace of Ideas,'” Social Theory and Practice 23, no. 2 (Summer 1997): 235–49.
8 Milton, 45.
9 F. A. Hayek, “The Use of Knowledge in Society,” American Economic Review 35, no. 4 (September 1945): 519–30; James Surowiecki, The Wisdom of Crowds: Why the Many Are Smarter Than the Few and How Collective Wisdom Shapes Business, Economies, Societies and Nations (New York: Anchor, 2004).
10 By contrast, Keynes famously observed that under such conditions of uncertainty and cognitive limitations, markets cease to function efficiently: see John Maynard Keynes, The General Theory of Employment, Interest and Money (London: Macmillan 1936).
11 Both, for instance, included in the First Amendment of the U.S. Constitution and Article 10 of the European Convention on Human Rights, as well as in the majority of the Constitutions worldwide.
12 Cass R. Sunstein, #Republic: Divided Democracy in the Age of Social Media (Princeon: Princeton University Press 2017), and Cass R. Sunstein, Republic.com (Princeton: Princeton University Press, 2001).
13 Bernard Goldberg, Bias: A CBS Insider Exposes How the Media Distort the News (Washington: Regnery, 2001); Eric Alterman, What Liberal Media? The Truth about Bias and the News (New York: Basic Books 2003).
14 Associated Press v. United States, 326 U.S. 1 (1945).
15 Frederick F. Schauer, Free Speech: A Philosophical Enquiry (Cambridge: Cambridge University Press, 1982), 161.
16 Alvin I. Goldman, Epistemology and Cognition (Cambridge: Harvard University Press, 1986).
17 Goldman, 5, 137.
18 Alvin I. Goldman and James C. Cox, “Speech, Truth, and the Free Market for Ideas,” Legal Theory 2, no. 1 (March 1996): 13, 15.
19 Goldman and Cox, 17.
20 R. H. Coase, “The Market for Goods and the Market for Ideas,” American Economic Review 64, no. 2 (May 1974): 384–91.
21 Coase, 384.
22 He stated: “I do not believe that this distinction between the market for goods and the market for ideas is valid. There is no fundamental difference between these two markets and, in deciding on public policy with regard to them, we need to take into account the same considerations. In all markets, producers have some reasons for being honest and some for being dishonest; consumers have some information but are not fully informed or even able to digest the information they have; regulators commonly wish to do a good job, and though often incompetent and subject to the influence of special interests, they act like this because, like all of us, they are human beings whose strongest motives are not the highest” (Coase, 389).
23 Coase, 389.
24 Antonio Nicita, “Mercato dei beni e mercato delle idee: Oltre il paradosso di Coase?,” Diritto mercato tecnologia, December 10, 2015.
25 Suggesting, for instance, that the right to free speech should be recognised to online platforms and search engines too, as they are too “speakers” Eugene Volokh and Donald M. Falk, “Google: First Amendment Protection for Search Engine Search Results,” Journal of Law, Economics and Policy 8, no. 4 (2012): 883–99.
26 In particular copyrights; for a critical appraisal see Lawrence Lessig, Free Culture: The Nature and Future of Creativity (New York: Penguin, 2004).
29 Volokh and Falk; in contrast see Tim Wu, “Machine Speech,” University of Pennsylvania Law Review 161 (2013): 1528.
30 The correspondence theory postulates that something is true if it corresponds to the facts, to the way things actually are; see Marian David, “The Correspondence Theory of Truth,” Stanford Encyclopedia of Philosophy, May 28, 2015.
32 Michel Foucault, Fearless Speech, ed. Joseph Pearson (Los Angeles:
33 Tim Wu, “Is the First Amendment Obsolete?,” Columbia Public Law Research Paper No. 14-573 (2018); Jonathan Zittrain, “Internet Points of Control,” The Emergent Global Information Policy Regime, ed. Sandra Braman (New York: Palgrave Macmillan, 2004); Christopher S. Yoo, “Free Speech and the Myth of the Internet as an Unintermediated Experience,” George Washington Law Review 78 (2010): 697.
34 Wu, “Is the First Amendment Obsolete?,” 10.
35 Josef Drexl, “Competition Law in Media Markets and Its Contribution to Democracy: A Global Perspective,” World Competition 38, no. 3 (2015): 367–93.
36 Drexl, “Competition Law,” 392.
37 Vincent Blasi, “Holmes and the Marketplace of Ideas,” Supreme Court Review 2004 (2004): 8.
38 Rasmus Kleis Nielsen, ed., Local Journalism: The Decline of Newspapers and the Rise of Digital Media (London: Tauris, 2015).
39 Local Journalism.
40 Blasi, 46.
41 Matthew Gentzkow and Jesse M. Shapiro, “Competition and Truth in the Market for News,’ Journal of Economic Perspectives 22, no. 2 (Spring 2008): 133, 135.
42 As we observed, the value chain for the dissemination of news—despite being highly competitive at the level of ad networks, publishers, and advertisers—shows a bottleneck at the level of dissemination of the news. The same players also own the greatest part of the market data used to target the audience, which is used to gain and maintain the market share.
43 Associated Press v. United States, 326 U.S. 1, 20 (1945).
44 This also raises problems related to the ownership of the news, as Google shows content framed with its URL. See Nic Newman, “Journalism, Media and Technology Predictions 2016,” Reuters Institute for the Study of Journalism.
45 For a more detailed analysis of the different legal solutions, see Claudio Lombardi, “Digital News for a Rave New World: Competition and Public Interest in the Scramble over Data” (lecture, 13th ASCOLA Conference, NYU School of Law, June 21–23, 2018).
46 Drexl, “Competition Law.”
47 The phrase “right to truth,” both here and in the title, refers, conceptually, to the creation of an information environment as described in the article and not to an actionable right under any specific legal system.