Interview by Rada Kaneva 

Meta’s recent changes to their content mediation policy made headlines and provoked discussions about how both fake news and censorship undermine democracy. To the average social media user, the Internet these days indeed looks like a digital Wild West, so we might wonder: is it even possible to govern the Internet? Luckily, there is a new (cyber)sheriff in town. Fulbright Bulgaria Alumna Denitza Toptchiyska has studied these questions and many more as a legal advisor at the Bulgarian Communications Regulation Commission and later as a researcher and associate professor of law at New Bulgarian University. She has long been focused on the interaction between the global digital space and traditional legal mechanisms rooted in the concept of the nation-state exercising its jurisdiction within a defined geographical territory. This interest took her to the University of Notre Dame as a Fulbright scholar in AY2020-21, where she collaborated with experts in a wide variety of fields.

Q: Denitza, during an executive course on Global Internet Governance at Carnegie Mellon University you collaborated with participants from 30 nations, exploring the multistakeholder model, where governments, academia, civil society, and industry share equal roles in governance. Was there a moment during your work with so many institutions when the complexity of digital law made you stop and think, “Wow, this is uncharted territory”?

A: Working in the field of digital law is incredibly exciting and engaging precisely because it takes us into uncharted and rapidly evolving territories. The governance of the Internet as a global space demands a fresh approach that ensures the voices and interests of all stakeholders are recognized and considered. These include states, which emphasize the need to guarantee security through monitoring and control of the digital environment; businesses, focused on driving innovation and profit; and citizens, who view the digital space as a platform for expressing their opinions on politics, economics, and social issues, showcasing their identity, and building new connections, all while requiring robust protection of their personal privacy.

Unlike the traditional model of international public law, where decisions are made exclusively at the intergovernmental level, Internet governance broadens the range of participants in decision-making processes by including opportunities for representatives of civil society, businesses, and technology developers to participate. By harnessing the potential of global communication and information sharing, it lays the groundwork for greater democratic legitimacy in the decisions reached.

Q: The digital space seems to evolve faster than laws can keep up. Have you ever come across a technology or trend that made you think, “How on earth are we going to regulate this?”

A: The challenges the digital environment presents to legal regulation—such as the need to develop a regulatory model that allows for global communication and the exchange of vast amounts of information, while ensuring the protection of fundamental rights and freedoms—are driving the evolution of the legal framework. These challenges push us to rethink the limitations of traditional legal mechanisms and seek new avenues for their advancement. In this context, I view the digital environment as a powerful catalyst for innovation in both legal regulation and governance at large.

In recent years, the European Union has made significant legislative progress in regulating the digital space, adopting a range of key regulations, including the General Data Protection Regulation, the Digital Services Act, the Digital Markets Act, the Artificial Intelligence Act, and the European Media Freedom Act, among others. A major challenge now lies in ensuring the effective implementation of these regulations, which is currently a central focus of the EU’s efforts.

Q: In your latest research, you explore the concept of freedom in the digital space—what’s a moment that made you hopeful about the future of digital rights? And what’s something that keeps you up at night?

A: From the very beginning, the digital space has been viewed as a public forum where individuals enjoy the widest freedom to effectively exercise their right to freedom of expression and access to information. Comparing the concepts of freedom in the classical Kantian tradition, dominant in Europe, with the philosophy of cyberlibertarianism, which strongly influenced the early development of the Internet, reveals differing views on the role of the state and state-based legal regulation. While Kant’s classical philosophy argues that the state and law are necessary to protect individual freedom, cyberlibertarians perceive the digital environment as an opportunity to overcome the limitations of traditional state regulation. In the 1980s and 1990s, when the Internet and the digital space were being developed, they were seen as immaterial or even spiritual realms where individual freedom could be rediscovered, in the context of prevailing knowledge, private property, and innovation. In this space, freedom of expression and access to information should not be constrained by territorial legal boundaries. The absence of such restrictions was seen as a key factor for empowering individuals and promoting freedom, as it allowed them to connect with communities beyond geographical borders, thereby influencing political processes and decisions.

Despite the initial optimism about the positive role of digital networks in empowering individuals, significant challenges have emerged in the 21st century, including the spread of illegal and harmful content, disinformation, and fake news—issues that now pose serious threats to modern democracies. As a result, an increasing number of countries and international organizations, including the European Union, have been driven to explore and implement legal measures to regulate the digital environment, which appears to be moving further away from its original vision as a free and open space.

In this context, my concern is whether we, as a society, will be able to strike the right balance in implementing legal regulation, so that the digital space remains a free zone for individuals, while ensuring security and protection from illegal activities. This requires ensuring the broadest possible freedom of expression, providing the maximum protection of personal privacy in the digital environment, and establishing a multistakeholder approach in decision-making processes.

Q: Studying and teaching across so many institutions and countries must come with its quirks—what’s the most unexpected or humorous moment you’ve had in your academic adventures?

A: When I travel, I have the opportunity to meet with colleagues from the academic community, policymakers, lawyers, students, and experts from various fields, all of whom share an interest in regulating the digital environment. Perhaps the nature of the subject I work on—regulating the global digital space—requires that the professionals engaged in it be open and tolerant towards different cultures and legal traditions. Of course, in the context of teaching, I notice certain specifics: for example, in the United States, where libertarian values emphasize minimal state intervention in public affairs, the EU’s active legislative approach to the digital space is often hard to understand. Conversely, in the EU, the idea of leaving digital regulation solely in the hands of private organizations is less readily accepted, due to concerns such as the spread of harmful content or the manipulation of political processes. Because of this, I have always tried, in my teaching process, not only to compare regulatory models but also to explain the reasons behind the specific approaches, which are connected both to the cultural and value balances within each society and to the characteristics of the legal systems.

Q: How do you explain what you do to people outside the field? Have you ever had a memorable reaction to your work?

A: The digital environment has become an integral part of daily life for modern individuals. Statistics show that by early 2025, nearly 70% of the global population will have Internet access, with over 60% of them actively using social media platforms. Given these figures, it is relatively easy to explain to any audience—regardless of age, nationality, or background—why digital space regulation is essential and the challenges it presents. However, I often encounter difficulty explaining to audiences without a background in digital law why traditional legal mechanisms alone are insufficient for regulating the digital environment. To be effective, these traditional approaches must be complemented by self-regulatory and co-regulatory mechanisms that foster collaboration and leverage the expertise and commitment of private entities—businesses, tech companies, civil society representatives, consumers, academic institutions, and public authorities.

For me, analyzing and contributing to the development of digital space regulation through my research, alongside engaging and motivating others to actively participate, are equally important. My research focuses on advancing digital regulation to tackle emerging challenges, while also inspiring others to understand its significance and help shape its future. These goals are central to my approach and drive in this field.

Q: If you had a magic wand and could implement one global digital regulation instantly, what would it be and why?

I strongly support the vision of the digital space as a global environment that fosters creativity and innovation, providing individuals with the broadest possible freedom of expression and access to information. However, in my opinion, a primary concern at this moment is ensuring the effective protection of personal privacy and data protection online, as it is essential for safeguarding freedom of expression and other fundamental individual rights in the digital environment. In this regard, I believe that in the short term, the effective implementation of the EU’s General Data Protection Regulation is crucial. This would require the development of both European and national mechanisms for self-regulation and co-regulation, such as codes of conduct, that involve all relevant stakeholders (public and private organizations, tech companies, civil society, and the academic sector) in ensuring the application of data protection standards across various sectors, including education, healthcare, and the electoral process. Through these tools, the principles and general rules established in the GDPR will be specified to meet the needs of the specific sector, creating a foundation for a higher level of transparency and security.

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