The European ‘regulatory turn’ towards big tech platforms through the lens of digital constitutionalism

This paper will draw connections between the development of internet regu­ lation, the theoretical foundations of digital constitutionalism, and the recent ‘regulatory turn’ endeavoured by the European Union, as evidenced by the Digital Markets Act and the Digital Services Act, both approved in 2022. The research will examine how internet and platform regulation have emerged and have been shaped over the past decades, and what the similarities and differences between US and EU approaches to the issue are. Special emphasis will be placed on the freedom of expression in the digital environment, which serves as a key test for the extent to which rights and freedoms are being com­ promised by platform dynamics. Finally, the paper will examine Europe’s new constitutional approach to internet and platform regulation, which marks a step forward in a complex strategy to manage the digital environment while preserving European democratic values and fundamental rights.