Balancing Act: Constitutional Safeguards for Free Expression Against AI-Driven Disinformation in Emerging Democracies

Abstract

Artificial intelligence-driven disinformation has emerged as one of the most significant threats to democratic governance, social trust, and freedom of expression in the digital age. While digital technologies facilitate participation and access to information, algorithmic amplification, deepfakes, and targeted misinformation increasingly distort democratic communication and weaken public confidence in institutions. This article examines how constitutional democracies are responding to these challenges through legal regulations, digital governance, and educational resilience strategies. Using Albania as an empirical case study situated within the broader European constitutional framework, the article analyzes the interaction between freedom of expression, platform governance, and systemic disinformation risks. The study applies a qualitative doctrinal and comparative methodology, combining European Court of Human Rights jurisprudence, European Union regulatory instruments, and interdisciplinary literature from sociology, media studies, and digital governance. The article develops the concept of “epistemic harm” to explain how AI-driven disinformation undermines the collective conditions necessary for democratic deliberation. It further argues that digital literacy, media education, and institutional transparency are essential complements to legal regulation. The findings demonstrate that emerging democracies face particular vulnerabilities due to weaker informational infrastructures and lower resilience against coordinated manipulation. The article concludes that effective responses require an integrated model combining constitutional safeguards, platform accountability, media literacy, and democratic education.