This article examines how religious freedom is reshaped within the digital ecosystem, with a focus on the increasing regulatory authority of private platforms. First, it traces the shift from physical places of worship to platform-mediated environments, demonstrat- ing how digital infrastructures influence the visibility, accessibility, and performance of religious practices. It then conceptualises digital religion as an emerging legal category with specific implications for platform neutrality, the horizontal effect of fundamental rights and the need for multi-layered dialogue with European and international regula- tory frameworks. Against this backdrop, the article posits that civil law offers not merely a residual set of remedies, but an increasingly vital layer of protection alongside public regulation. Instruments such as good faith, control of unfair terms, user protection rules, civil liability, non-discrimination duties and collective redress mechanisms are presented as legal safeguards against arbitrary or opaque restrictions on religious expression. Ulti- mately, the article advances a normative and doctrinal proposal for multilevel protection of religious freedom within online environments, which can address the structural role of private digital powers in shaping contemporary religious experiences.
Libertà religiosa e piattaforme digitali: verso una tutela civilistica della fede online
Alessandro Cupri
2026-01-01
Abstract
This article examines how religious freedom is reshaped within the digital ecosystem, with a focus on the increasing regulatory authority of private platforms. First, it traces the shift from physical places of worship to platform-mediated environments, demonstrat- ing how digital infrastructures influence the visibility, accessibility, and performance of religious practices. It then conceptualises digital religion as an emerging legal category with specific implications for platform neutrality, the horizontal effect of fundamental rights and the need for multi-layered dialogue with European and international regula- tory frameworks. Against this backdrop, the article posits that civil law offers not merely a residual set of remedies, but an increasingly vital layer of protection alongside public regulation. Instruments such as good faith, control of unfair terms, user protection rules, civil liability, non-discrimination duties and collective redress mechanisms are presented as legal safeguards against arbitrary or opaque restrictions on religious expression. Ulti- mately, the article advances a normative and doctrinal proposal for multilevel protection of religious freedom within online environments, which can address the structural role of private digital powers in shaping contemporary religious experiences.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



