Unseen Influence: Computational Propaganda, Free Elections, and the Reluctance to Seek Judicial Remedies in Poland. Evidence from AI-Assisted Case Law Analysis

Abstract

The Polish electoral system adheres to the principle of free and fair elections. This principle has a defined content, and its backbone remains access to truthful information and the free shaping of opinions about a candidate or an issue put to a referendum. However, the enormous increase in computational power and the associated development of artificial intelligence have caused electoral competition to become highly aggressive; it no longer avoids false information, messages appealing to negative emotions, or calls for violence. Very Large Online Platforms’ predictable abdication of their role as moderators of public debate leads to the question: How can or should public authorities protect integrity and freedom of participation from abuse in the era of digital constitutionalism? Should we rely on a litigation system where the initiative comes solely from the participant in the electoral process, or should we also include the regulatory power of the electoral administration? What picture of electoral campaigns is provided by Polish jurisprudence concerning electoral disputes?