scholarly journals Right to be Wrong: Examining the (Im) possibilities of Regulating Fake News while Preserving the Freedom of Expression in Kenya

2019 ◽  
Vol 4 (1) ◽  
pp. 19-46
Author(s):  
Abdulmalik Sugow

With the proliferation of peer-to-peer networks as a source of information, concerns on the accuracy of information shared have been raised, necessitating attempts by governments to regulate fake news. Kenya’s Computer Misuse and Cybercrimes Act, for instance, criminalises the intentional dissemination of false or misleading data. However, such regulation has resulted in a different set of concerns, particularly its potential to bring about undue limitation on the freedom of expression. In appraising the approach taken in Kenya of imposing liability on perpetrators, and that taken in some jurisdictions of imposing intermediary liability, the article posits that similar difficulties are faced in regulating fake news – the freedom of expression could be curtailed. This is fuelled by ambiguity in the definition of ‘fake news’. Consequently, this article seeks to find out if indeed, it is possible to regulate fake news while preserving the freedom of expression in Kenya. Further, the article delves into some of the effects the proliferation of fake news has had on the democratic process in Kenya, thereby requiring regulation. In doing so, it tackles fake news from two general conceptions: fake news as calculated disinformation campaigns by individuals for certain purposes, and fake news as an overarching culture of misinformation that enables the spread of false information. Regarding the former, it finds that legislative measures may prove sufficient. However, the latter requires a combination of non-legislative measures such as collaborative measure, awareness initiatives and fact-checking.

Author(s):  
Bente Kalsnes

Fake news is not new, but the American presidential election in 2016 placed the phenomenon squarely onto the international agenda. Manipulation, disinformation, falseness, rumors, conspiracy theories—actions and behaviors that are frequently associated with the term—have existed as long as humans have communicated. Nevertheless, new communication technologies have allowed for new ways to produce, distribute, and consume fake news, which makes it harder to differentiate what information to trust. Fake news has typically been studied along four lines: Characterization, creation, circulation, and countering. How to characterize fake news has been a major concern in the research literature, as the definition of the term is disputed. By differentiating between intention and facticity, researchers have attempted to study different types of false information. Creation concerns the production of fake news, often produced with either a financial, political, or social motivation. The circulation of fake news refers to the different ways false information has been disseminated and amplified, often through communication technologies such as social media and search engines. Lastly, countering fake news addresses the multitude of approaches to detect and combat fake news on different levels, from legal, financial, and technical aspects to individuals’ media and information literacy and new fact-checking services.


2021 ◽  
pp. 1-41
Author(s):  
Donato VESE

Governments around the world are strictly regulating information on social media in the interests of addressing fake news. There is, however, a risk that the uncontrolled spread of information could increase the adverse effects of the COVID-19 health emergency through the influence of false and misleading news. Yet governments may well use health emergency regulation as a pretext for implementing draconian restrictions on the right to freedom of expression, as well as increasing social media censorship (ie chilling effects). This article seeks to challenge the stringent legislative and administrative measures governments have recently put in place in order to analyse their negative implications for the right to freedom of expression and to suggest different regulatory approaches in the context of public law. These controversial government policies are discussed in order to clarify why freedom of expression cannot be allowed to be jeopardised in the process of trying to manage fake news. Firstly, an analysis of the legal definition of fake news in academia is presented in order to establish the essential characteristics of the phenomenon (Section II). Secondly, the legislative and administrative measures implemented by governments at both international (Section III) and European Union (EU) levels (Section IV) are assessed, showing how they may undermine a core human right by curtailing freedom of expression. Then, starting from the premise of social media as a “watchdog” of democracy and moving on to the contention that fake news is a phenomenon of “mature” democracy, the article argues that public law already protects freedom of expression and ensures its effectiveness at the international and EU levels through some fundamental rules (Section V). There follows a discussion of the key regulatory approaches, and, as alternatives to government intervention, self-regulation and especially empowering users are proposed as strategies to effectively manage fake news by mitigating the risks of undue interference by regulators in the right to freedom of expression (Section VI). The article concludes by offering some remarks on the proposed solution and in particular by recommending the implementation of reliability ratings on social media platforms (Section VII).


2021 ◽  
Author(s):  
Wilson Ceron ◽  
Gabriela Gruszynski Sanseverino ◽  
Mathias-Felipe de-Lima-Santos ◽  
Marcos G. Quiles

Abstract Fact-checking verifies a multitude of claims and remains a promising solution to fight fake news. The spread of rumors, hoaxes, and conspiracy theories online is evident in times of crisis, when fake news ramped up across platforms, increasing fear and confusion amongst the population as seen in the COVID-19 pandemic. This article explores fact-checking initiatives in Latin America, using an original Markov-based computational method to cluster topics on tweets and identify their diffusion between different datasets. Drawing on a mixture of quantitative and qualitative methods, including time-series analysis, network analysis and in-depth close reading, our article proposes an in-depth tracing of COVID-related false information across the region, comparing if there is a pattern of behavior through the countries. We rely on the open Twitter application programming interface (API) connection to gather data from public accounts of the six major fact-checking agencies in Latin America, namely: Argentina ( Chequeado ), Brazil ( Agência Lupa ), Chile ( Mala Espina Check ), Colombia ( Colombia Check from Consejo de Redacción ), Mexico ( El Sabueso from Animal Político ) and Venezuela ( Efecto Cocuyo ). In total, these profiles account for 102,379 tweets that were collected between January and July 2020. Our study offers insights into the dynamics of online information dissemination beyond the national level and demonstrates how politics intertwine with the health crisis in this period. Our method is capable of clustering topics in a period of overabundance of information, as we fight not only a pandemic but also an infodemic, evidentiating opportunities to understand and slow the spread of false information.


2020 ◽  
Vol 16 (2) ◽  
pp. 368-393
Author(s):  
Daniel De Rezende Damasceno ◽  
Edgard Patrício

Fact-checking was initially used to verify the factuality of information given by political agents. However, the proliferation of false information on social networks and concerns about the political use of spreading lies have led to fact-checking methodologies also being used to combat fake news. In terms of a cognitive and behavioral approach, Lazer et al. (2018) suggest there are some doubts as to how effective this methodology is. This article analyzes the performance of two Brazilian checking agencies, Aos Fatos and Agência Lupa. We demonstrate that, although checking discourse is directly related to the credibility of organizations, the agencies themselves do not lay out the criteria for selecting what is to be checked. The platforms that use this form of fact-checking mainly rely on data and studies provided by official sources and public institutions, once again compromising the credibility of the process.A prática de fact-checking foi iniciada para verificar a factualidade das informações nos discursos de agentes políticos. Mas a proliferação de informações falsas nas redes sociais da internet, e a preocupação com a disseminação de mentiras como instrumento político, fez com que as metodologias de fact-checking também fossem utilizadas para combater fake news. Levando em consideração uma abordagem cognitiva e comportamental, Lazer et al. (2018) alertam que existem dúvidas quanto à eficácia dessa utilização. Esse artigo analisa a atuação de duas agências brasileiras de checagem, Aos Fatos e Agência Lupa. Demonstramos que, apesar da checagem de discursos ter relação direta com a credibilidade das organizações, as próprias agências não explicitam os critérios que orientam a seleção do que é checado. E que nessa modalidade de checagem, as plataformas de fact-checking se valem, sobretudo, de dados e estudos fornecidos por fontes oficiais e instituições públicas, comprometendo mais uma vez a credibilidade do processo.La práctica de fact-checking inició para verificar la factualidad de las informaciones en los discursos de agentes políticos. Pero la proliferación de informaciones falsas en las redes sociales de internet, y la preocupación por la diseminación de mentiras como instrumento político, hizo que las metodologías de fact-checking también fueran utilizadas para combatir las fake news. Teniendo en cuenta un enfoque cognitivo y conductual, Lazer et al. (2018) advierten que existen dudas sobre la eficacia de esta utilización. Este artículo analiza la actuación de dos agencias brasileñas de chequeo, Aos Fatos y Agência Lupa. Demostramos que, aunque la verificación del discurso tiene una relación directa con la credibilidad de las organizaciones, las agencias mismas no detallan los criterios que guían la selección de lo que se verifica. Y que en este modo de verificación, las plataformas de verificación de hechos se basan principalmente en datos y estudios proporcionados por fuentes oficiales e instituciones públicas, comprometiendo una vez más la credibilidad del proceso.


2019 ◽  
Vol 15 (3) ◽  
pp. 614-635
Author(s):  
Xosé López-García ◽  
Ángel Vizoso ◽  
Sara Pérez-Seijo

The spread of misinformation has become standard practice in today’s communicative scene. Both individual users and organizations disseminate false content for economic or political benefits. The response against these strategies has been to develop initiatives to both verify false information as well as prevent it from being spread. This article presents actions adopted by different actors to stop the spread of fake news. These actors are European institutions, national governments, the media, and major technology companies. Thus, this paper takes a comprehensive look at how misinformation is addressed in the European Union by studying reports and legislative texts and reviewing the growth of fact-checking initiatives.A disseminação da desinformação se tornou uma prática muito comum no atual cenário comunicativo. Utilizadores individuais e organizações disseminam conteúdo falso para obter benefício econômico ou político. A resposta contra essas estratégias tem sido o desenvolvimento de iniciativas cujo objetivo é tanto a verificação de informações falsas quanto a prevenção da sua disseminação. O objetivo deste artigo é mostrar as ações tomadas por diferentes atores com a capacidade de impedir a disseminação de notícias falsas: instituições europeias e governos nacionais, os media e as principais empresas tecnológicas. Assim, através do estudo de relatórios e textos legislativos ou a revisão do crescimento das iniciativas de fact-checking, os autores desenharão uma panorâmica sobre como a desinformação é abordada na União Europeia.La propagación de desinformación se ha convertido en una práctica muy frecuente en el escenario comunicativo actual. Usuarios individuales y organizaciones hacen uso de la difusión de contenidos falsos para obtener rendimiento económico o político. La reacción frente a este tipo de estrategias no se ha hecho esperar de forma pareciendo iniciativas dirigidas tanto a la verificación de las informaciones falsas como a evitar su publicación. El objetivo del presente artículo es dar cuenta de las acciones adoptadas por los diferentes actores con capacidad para frenar la difusión de fake news: las instituciones europeas y los gobiernos nacionales, el periodismo y las principales empresas tecnológicas. A partir del estudio de diferentes informes y textos legislativos, así como de las herramientas diseñadas por las empresas tecnológicas o la revisión del crecimiento de iniciativas de fact-checking se dibuja una panorámica general de cómo se intenta combatir la desinformación en el marco de la Unión Europea.


Discourse ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 79-91
Author(s):  
V. V. Vasilkova ◽  
P. A. Trekin

Introduction. Interest in the problem of false (fake) news has increased significantly in the situation of the coronavirus pandemic, when the flow of false information considered as an obstacle to the implementation of measures to combat the pandemic itself and its consequences. The authors aim to study the existing works devoted to the analysis of the construction and recognition of false news about COVID-19, paying special attention to the procedures of fact-checking-process of verifying the accuracy of the information contained in the message. The novelty of the author’s approach lies in the use of a content analysis of the fact-checking resource to identify communication technologies for constructing fake news about the coronavirus.Methodology and sources. As a theoretical framework, authors used the information model of communication by Claude Shannon, structuring communication as a process of information transmission and fixing the possibility of noise (distortion) in various parts of this process. The empirical basis of the study was a fact-checking resource that specializes in identifying fakes about the coronavirus (47 units of analysis were considered for the period from March to May 2020).Results and discussion. In the result of the research, specific communication technologies of purposeful construction of false news were identified – distortions in the communication channel, distortions in the message code (content), distortions in the message source. We also identified the types of distortions associated with the content of communication – based on the creation of false content, recoding information (giving it a new interpretation), editing the original. Different frequency of application of these technologies for a given volume of analysis units were been recorded, as well a s the predominance of the technology of distortion of the communication channel.Conclusion. The authors draw a conclusion about the importance and relevance of the topic of constructing fake news in the situation of the ongoing COVID -19 pandemic, demonstrate the productivity of using fact-checking resources to identify various communicative technologies for constructing false messages, which creates new prospects for recognizing and countering them.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Raluca Buturoiu ◽  
Nicoleta Corbu ◽  
Denisa-Adriana Oprea ◽  
Mădălina Boțan

Abstract Higher levels of trust in credible sources of information in times of crisis such as the current COVID-19 pandemic increase public compliance with official recommendations, minimizing health risks and helping authorities manage the crisis. Based on a national survey (N=1160), this article explores (a) actual levels of trust in various sources of information (government websites, legacy media, social media, and interpersonal communication) during the pandemic and (b) a number of predictors of such trust. Results show that during the period studied government websites were the most trusted source of information. Trust in an information source is correlated with consumption of COVID-19–related news from that specific source, media fact-checking, and self-perception about the incidence of COVID-19–related fake news. Only income and age are significant trust predictors, and only with respect to specific source types.


Author(s):  
Jussi Kangasharju

Peer-to-peer systems have become extremely popular on the Internet in recent years. However, peerto- peer systems are not limited to Internet applications, but are also of significant interest to ubiquitous computing. This is because both peer-to-peer systems and ubiquitous computing are based on collaboration between independent, autonomous entities. Peer-to-peer systems are built around resource sharing and in this chapter, we will look at the different aspects of this resource sharing, from the types of resources to be shared to how the peers are connected to each other and on to how the resources can be located in these different kinds of networks. This chapter is organized as follows. First we provide a definition of what peer-to-peer is and discuss its relevance to ubiquitous computing in more detail. The section “Current Systems” gives an overview of currently deployed and used peer-to-peer systems. Then, we will present a classification of peer-to-peer systems according to how resources are located. In the section “Resource Location in Peer-to-Peer Networks” we will present algorithms for locating resources in peer-to-peer networks. Finally, the chapter discusses the future of peer-to-peer systems.


Author(s):  
Alla Mykolaienko

The article considers dissemination of experimental fake messages by research organizations through analysis of media and audience feedback. The objective of the research is to study the main techniques of fake creation on the basis of experimental fakes traced in the Ukrainian information space. The methods used in the article are the following: analysis – to study the state of media landscape as to availability of fake news; the system method – to establish the ways of fake dissemination; the systematization method – to determine fakes’ features and characteristics. The preconditions, reasons and specifics of creation and intentional dissemination of false information in the society are studied in the article. As a result of the research, the role of pilot projects related to fake dissemination as part of popularization of ideas of media literacy and media education has been identified. It is analyzed the impact of experimental fake news on the media and the general public, in particular on dissemination of messages by the users in social networks. Simultaneously the thesis that regional journalists automatically rewrite and repost the Ukrainian mass media is refuted, as we have traced their professional response to dissemination of false information. The verification of facts (fact checking) is mandatory for journalists and necessary for every consumer of information, as making the media responsible for the facts is not an indication of media literacy.


2021 ◽  
Vol 3 (1) ◽  
pp. 27-39
Author(s):  
Juliana Teixeira ◽  
Allysson Martins

This article, which integrates broader research, aims to identify the fake news patterns propagated in the process of disinformation about COVID-19 that were evaluated by the Brazilian fact-checking agencies Fato or Fake and Lupa. Aiming at this goal, we considered the strategies for spreading false information about the disease from January to September 2020. As a methodology, we used part of the procedures associated with media framing, focusing on the themes and labels of the checked information. Politics and death were the two main issues in misinformation assessed by the agencies, closely followed by themes related to cure and prevention. Personalities were particularly relevant at Lupa. The high frequency of the political issue reveals the ideological polarization that Brazil is experiencing, leading to global health crises such as the new coronavirus pandemic.


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