Constitutional Court

Why it is necessary to defend the pluralism of information

The judgment of 15 April touches a sensitive point in our democratic order: the protection of fragile voices in the media ecosystem

Giovanni Amoroso presidente della Corte Costituzionale

3' min read

3' min read

Pluralism of information is like oxygen: invisible, but vital. No democracy really breathes if the public air is saturated with a few loud voices and deaf to the soft but essential sounds of local communities. This is why the 15 April ruling by the Constitutional Court, President Amoroso and Judge Editor Pitruzzella, while declaring the questions raised by the Council of State to be unfounded, touches on a sensitive point of our democratic order: the protection of fragile voices in the media ecosystem.

At the heart of the case is the 'preferential step', a mechanism that reserves 95 per cent of public funds for the top 100 ranked local broadcasters. A logic that aims at efficiency, but which may translate into concentration. Because if the idea is to reward those with structure, ratings and continuity, the risk is to build a pluralism with selective geometry: open in theory, but difficult to achieve for those starting from the margins.

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The Court, while legitimising the legislator's choice -- does not ignore the deeper implications. And it does so in a crucial passage of its reasoning, which seems to address not only the law, but also politics and society: information today lives in a radically changed ecosystem. Technical barriers have fallen, access costs have lowered, the internet has multiplied channels, voices, and opportunities for expression.

Yet, this abundance - apparently democratising - does not guarantee quality. Quantitative pluralism, the Court essentially writes, can generate disorder, noise, polarisation. The multiplication of sources does not coincide with the multiplication of responsibility. And the crisis of professional journalism, especially at the local level, risks leaving a void that the network does not fill, but exposes.

The judgment cites a key fact: the amount of information and views has increased enormously thanks to the internet. But this wealth, while important, comes with new vulnerabilities. For while there has been a multiplication of channels - from blogs to local sites, from podcasts to newsletters - the traditional anchoring to criteria of editorial responsibility has disappeared. Verification of sources, editorial control, journalistic mediation have given way to immediate, often emotional, unfiltered communication.

As the Court further notes, this disintermediation has been felt especially at the local level. The cost of setting up a newspaper has plummeted, and the number of news sites has grown. But at the same time, the specific weight of the historically more solid voices has been reduced: those of traditional broadcasters, entrenched editorial offices, and professionalism built up over time.

Not only that. The dissemination of news today takes place largely through search engines and social networks, which determine the visibility of content according to opaque logic. In this circuit, quality risks succumbing to quantity, veracity to virality. And so, despite the multiplicity of sources, public opinion is increasingly formed in selected and selective environments, where contents confirm each other, but rarely really challenge each other.

It is against this background that the constitutional principle of pluralism must be rethought. It is not enough to ensure that more subjects can speak. It is necessary to ensure that the conditions for being heard are truly distributed, equitable, sustainable. The risk, otherwise, is that of an apparent pluralism: a choir where everyone sings, but few have the microphone.

The Court's pronouncement, in this sense, does not close the debate, but relaunches it. It reminds us that regulating information is never just a technical matter. It is a societal choice. Deciding how to distribute funds, how to define access criteria, which broadcasters to reward and which not, means affecting who has a right of citizenship in public discourse. It ultimately means outlining the contours of democracy itself.

Defending pluralism, then, is not a nostalgic exercise. It is a deeply contemporary action. It is to recognise that, in the age of information saturation, local voices are not an anomaly to be rationalised, but a resource to be cultivated. It is to have the courage to support those who, far from the spotlight, tell the real lives of people, territories, and peripheries.

The Court does not dismantle the 'step' but reminds us - with its usual sobriety - that information needs robust architecture. And that pluralism remains a principle to be declined every time, with attention to context, with constitutional awareness, with democratic sensitivity. Because if today everyone can speak, not everyone can be heard. And if information is no longer a rare commodity, trust - which is at its heart - remains a scarce, and therefore precious, resource. To be protected, every day, with appropriate regulatory instruments and responsible public choices.

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