Addressing legal disinformation: What the right to self-determination is and how it applies to Catalonia

  • Elena Llorca-Asensi Universidad de Alicante
  • María-Elena Fabregat-Cabrera Universidad de Alicante
  • Raúl Ruiz-Callado Universidad de Alicante
Keywords: Self-determination, legal misinformation, Catalonia, constitutional law, polarization, political communication, democracy

Abstract

The deep polarization that Spanish society is experiencing around the Catalan issue makes it urgent and necessary to put an end to the conceptual confusion surrounding the expression "right to self-determination." The conflation of self-determination with secession has generated a public debate marked by misinformation and, in many cases, the manipulation of legal language. This article aims to contribute to a democratic debate grounded in rigorous information rather than in the distortion—intentional or not—of key legal terms. Using a methodological triangulation that includes a literature review, in-depth interviews with experts, and a survey of international law specialists, the article analyses the roots of legal misinformation about self-determination and its impact on political and media discourse. The results show that the lack of conceptual clarity hinders informed decision-making and reinforces ideological confrontation. The article argues for the need to clarify the legal meaning of self-determination within the Spanish constitutional framework and international law, to ensure that positions for or against Catalan independence are expressed based on knowledge, not on misinterpretations or biased narratives. In this sense, the article highlights the role of Law as a tool to strengthen democratic quality and prevent social polarization from feeding on falsehoods or legal oversimplifications.

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Published
2025-06-19
How to Cite
Llorca-Asensi E., Fabregat-Cabrera M.-E. y Ruiz-Callado R. (2025). Addressing legal disinformation: What the right to self-determination is and how it applies to Catalonia. Derecom. Derecho de la Comunicación y de Nuevas Tecnologías, 38(1), 59-72. https://doi.org/10.5209/dere.102346
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Artículos