La libertà di associazione nel "nuovo ecosistema mediatico" : spunti problematici sull'applicazione dell'art. 18 della Costituzione. Il (recente) caso dell'associazione xenofoba on-line

The essay is aimed at analysing how the freedom of association is organised on the Internet. Firstly, it defines what an association is on the Internet, from a legal viewpoint. Secondly, it highlights some of the (many) issues the freedom of association generates when applied to a virtual space - such as the World Wide Web - as outlined by the section 18 of the Italian Constitution. The focus is than placed on the constraints of the legal organisation of an association (sec. 18.2, Const.), particularly on the secrecy. Due to the Internet characteristics, the secrecy feature becomes somewhat more relevant when compared with traditional association. Finally, the aim of the association is addressed, focusing in particular on the crime of xenophobic association. The work highlights the many unresolved issues which need to be urgently settled to reasonably satisfy the need for equal treatment of the rights of freedom exercised off-line as wll as on-line.