scholarly journals Fake News, Free Elections, and Free Expression: Balancing Fundamental Rights in Irish Policy Responses to Disinformation Online | Fake news, eleições livres e liberdade de expressão: equilibrando direitos fundamentais em políticas públicas irlandesas para desinformação online

2019 ◽  
Vol 5 (2) ◽  
pp. 201-231
Author(s):  
Ethan Shattock
Keyword(s):  
Fundamental Rights ◽  
Free Expression ◽  
Fake News ◽  
Policy Responses

Fake News im Wahlkampf

2021 ◽  
Author(s):  
Jessica Flint
Keyword(s):  
Social Networks ◽  
Public Opinion ◽  
Fundamental Rights ◽  
Election Campaigns ◽  
Fake News ◽  
Forming Process ◽  
Private Companies ◽  
The Future

The urgency of regulating fake news on social networks regarding election campaigns is more evident than ever. This poses considerable difficulties for legislative practice. It is important to consider the fundamental rights of the parties involved without the state's influence on the formation of public opinion becoming too great. The current options of reacting to fake news do not suffice to ensure a free opinion-forming process. This publication makes an innovative proposal as to how social networks – especially Facebook – can be regulated in the future in such a way that the discourse is strengthened and the alarming influence of private companies on the formation of opinion is limited.

scholarly journals What is Left of User Rights? – Algorithmic Copyright Enforcement and Free Speech in the Light of the Article 17 Regime

2020 ◽  
Author(s):  
Sebastian Felix Schwemer ◽  
Jens Schovsbo
Keyword(s):  
Free Speech ◽  
Fundamental Rights ◽  
Free Expression ◽  
Online Content ◽  
Central Importance ◽  
Clear View ◽  
Content Sharing ◽  
Limitations And Exceptions ◽  
Copyright Enforcement ◽  
Primary Channel

Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made ‘best efforts’ to obtain an authorization and prevent the availability of unlicensed works. At the same time, the Directive has made it clear that users of protected works shall be able to rely on the existing limitations and exceptions regarding quotation, criticism and review and caricature, parody or pastiche. The Directive even casts these limitations and exceptions as user rights. This paper points out that copyright’s limitations and exceptions have traditionally consti- tuted a corner stone in the internal balancing of the interests of users against rights holders and with a clear view of safeguarding the interests of free expression and information protected by the Charter. Given the overall purpose of the DSM Directive in strengthening the position of rights holders, there is a dire risk that the benefits of the limitations and exceptions evaporate in the attempts of platform operators to escape liability by use of algorithmic enforcement. The article uses the recent decisions of the CJEU in Pelham, Funke Medien and Spiegel Online to draw attention to the central importance of the limitations and exception as the primary channel for fundamental rights analyses in copyright. It is finally pointed out how the DSM Directive –despite of its on-the-paper recognition of users’ rights– is most likely going to lead to a devaluation of those same rights.

Fake News and Social Media Censorship

2021 ◽  
pp. 69-92
Author(s):  
Adebowale Jeremy Adetayo
Keyword(s):  
Social Media ◽  
Freedom Of Expression ◽  
Fundamental Rights ◽  
Ripple Effect ◽  
Fake News ◽  
The Public ◽  
Media Censorship

The COVID-19 pandemic has brought about a surge of fake news on social media. This dilemma has caused a ripple effect in society with increasing censorship on social media, which threatens the freedom of expression. The populace cannot effectively progress until they understand the threat posed by fake news and censorship. To protect our fundamental rights of expression, society must learn from librarians. The chapter explores the role of librarians in mitigating fake news. The chapter also identifies possible societal consequences of fake news. The chapter concludes that librarians should inoculate the public to pre-empt them from accepting fake news.

scholarly journals Regulating computational propaganda: lessons from international law

2019 ◽  
Vol 8 (2) ◽  
pp. 218-240
Author(s):  
M R Leiser
Keyword(s):  
International Law ◽  
Limit State ◽  
Historical Analysis ◽  
Free Expression ◽  
Fake News ◽  
Limit States ◽  
Regulatory Oversight ◽  
General Data Protection Regulation ◽  
Mapping Tool

A historical analysis of the regulation of propaganda and obligations on States to prevent its dissemination reveals competing origins of the protection (and suppression) of free expression in international law. The conflict between the ‘marketplace of ideas’ approach favoured by Western democracies and the Soviet Union's proposed direct control of media outlets have indirectly contributed to both the fake-news crisis and engineered polarisation via computational propaganda. From the troubled League of Nations to the Friendly Relations Declaration of 1970, several international agreements and resolutions limit State use of propaganda to interfere with ‘malicious intent’ in the affairs of another. Yet State and non-State actors continually use a variety of methods to disseminate deceptive content sowing civil discord and damaging democracies in the process. In Europe, much of the discourse about the regulation of ‘fake news’ has revolved around the role of the European Union's General Data Protection Regulation and the role of platforms in preventing ‘online manipulation’. There is also a common perception that human rights frameworks limit States' ability to constrain political speech; however, using the principle of subsidiarity as a mapping tool, a regulatory anomaly is revealed. There is a significant lack of regulatory oversight of actors responsible for, and the flow of, computational propaganda that is disseminated as deceptive political advertising. The article examines whether there is a right to disseminate propaganda within our free expression rights and focuses on the harms associated with the engineered polarisation that is often the objective of a computational propaganda campaign. The article concludes with a discussion of the implications of maintaining this status quo and some suggestions for plugging the regulatory holes identified.

scholarly journals Más que palabras: libertad de expresión y discurso de odio en el Sistema Interamericano de Derechos Humanos = More than words: freedom of speech and hate speech in the Inter-American Human Rights system

2020 ◽  
pp. 148
Author(s):  
Ana Ximena Jacoby
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Free Expression ◽  
Derechos Humanos ◽  
Theoretical Perspectives ◽  
Palabras Clave ◽  
El Sistema ◽  
The Right

Resumen: El derecho a la libre expresión tiene un alcance sumamente amplio. Incluye, entre otras, la manifestación de ideas y opiniones que otros pueden considerar profundamente ofensivas y perturbadoras. Por su naturaleza radical, este derecho suele entrar en colisión con otros derechos fundamentales, como el derecho a la honra, a la privacidad, al olvido, a la libertad religiosa o con las normas que resguardan la seguridad nacional o la circulación del “discurso de odio”. Estas tensiones, que atraviesan al derecho a la libre expresión, quedan frecuentemente manifiestas en fallos y posicionamientos de la Corte Interamericana de Derechos Humanos. El presente trabajo se propone analizar las distintas perspectivas teóricas que subyacen a los posicionamientos de esta Corte en relación al “discurso del odio”. Como veremos, en los pronunciamientos de la Corte y los demás órganos que conforman el Sistema Interamericano de Derechos Humanos conviven, dentro de un marco liberal, distintas concepciones que van desde los principios liberales clásicos hasta posturas más cercanas al liberalismo igualitario. Palabras clave: Discurso de odio, libertad de expresión, Sistema Interamericano de Derechos HumanosAbstract: The freedom of speech has an extremely wide scope. It namely preserves the free expression of ideas and opinions that others might find profoundly offensive and disturbing. Due to its radical nature, this freedom can either collide with other fundamental rights, such as the right to honor, to privacy, to oblivion or to religious freedom, or with certain rules that preserve the national security or the circulation of “hate speech”. These tensions crossing the freedom of speech are frequently expressed in judgments and declarations of the Interamerican Court of Human Rights. This work seeks to account for the different theoretical perspectives undermining the arguments presented by this Court regarding “hate speech”. As to be seen, different conceptions within a liberal framework coexist in the declarations issued by the Court and rest of bodies that comprise the Interamerican System of Human Rights, ranging from those that follow classic liberal principles to more egalitarian liberalism-oriented positions. Keywords: Hate speech, freedom of speech, Inter-American Human Rights System.     

The Fake News about Fake News

2021 ◽  
pp. 68-81
Author(s):  
David Coady
Keyword(s):  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Freedom Of The Press ◽  
Fake News ◽  
Public Speech ◽  
The Press ◽  
The World ◽  
Common Opinion ◽  
Fixed Function

It is widely believed that we are facing a problem, caused by something called ‘fake news’. Governments and other powerful institutions around the world have adopted a variety of measures to restrict the reporting and dissemination of claims they deem to be fake news. Many of these measures are clear breaches of fundamental rights, including freedom of speech and freedom of the press. This chapter arsgues that, contrary to common opinion, there is no new or growing problem of fake news. There is instead a new and growing problem caused by the term ‘fake news’. Although this term has no fixed meaning it does have a fixed function. It functions to restrict permissible public speech and opinion in ways that serve the interests of powerful people and institutions.

scholarly journals Sub-Sahara Africa and COVID-19 Pandemic: Reflecting on Challenges and Recovery Opportunities

2021 ◽  
pp. 0169796X2110325
Author(s):  
Billy Agwanda ◽  
Gershon Dagba ◽  
Prince Opoku ◽  
Mark Opoku Amankwa ◽  
Israel Nyaburi Nyadera
Keyword(s):  
Contact Tracing ◽  
Fake News ◽  
Socioeconomic Impacts ◽  
Policy Responses ◽  
Long Run ◽  
Direct And Indirect Impacts ◽  
Indirect Impacts ◽  
The Impact

How has sub-Sahara Africa (SSA) experienced the COVID-19 pandemic? This article seeks to examine the challenges faced by a region that was earlier expected to be the epicenter of the pandemic. The study identifies three critical stages that pose challenges for governments and development partners operating in SSA trying to avoid mass infections and the subsequent negative socioeconomic impacts of the pandemic. First, the article begins by examining the challenges experienced in restraining the spread of COVID-19 such as the lack of adequate resources and technology to effectively pursue contact tracing, the dilemma of implementing lockdowns, and the impact of fake news. Second, the article looks at the challenges arising from technical and capacity elements of testing, treatment, and the development and access to vaccines. Finally, the study examines the potential obstacles to a smooth post-COVID-19 recovery. The author argues that although some positive actions have been taken by governments in SSA during the pandemic, the challenges that are emerging as a result of the direct and indirect impacts of the disease cannot be overlooked. The authors therefore offer several recommendations that can guide policy responses against pandemics in the short and long-run.

scholarly journals Fake News, (Mis) Information and Civil and Political Fundamental Rights

2021 ◽  
Vol 4 (1) ◽  
pp. 12
Author(s):  
Janaina Rigo Santin ◽  
Marlon Dai Pra
Keyword(s):  
Public Opinion ◽  
Electronic Media ◽  
Fundamental Rights ◽  
Fake News ◽  
False Information ◽  
The Public ◽  
Deductive Method ◽  
The Subject ◽  
Right To Information ◽  
The Right

This paper, built from a bibliographic review, using the hypothetical deductive method, deals with the growing problem related to the dissemination of false information, which in its turn interferes directly in the formation of public opinion and, consequently, in democracy and the fundamental civic rights exercise. Throughout the text, it is observed how this phenomenon is present and takes power in different media, particularly in electronic media, reaching many people and blurring the right to information. In this way the Brazilian political scenario was observed, especially in the 2018 electoral process, in which fake news marked the campaigns, bringing to the public a series of distorted values rather than cohesive proposals and well-defined strategies. From this analysis we understand the need for an education on the subject, so that the practices of disinformation can be gradually combated preserving and praising reliable information committed to the citizen's rights and democracy.

scholarly journals Liberdades de expressão e de informação em face da igualdade e dignidade humana: o caso Siegfried Ellwanger | Freedoms of speech and of information facing the of human equality and dignity: The case of Siegfried Ellwanger |

KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 329
Author(s):  
Gina Marcilio Pompeu ◽  
Rosa Julia Plá Coelho
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Freedom Of Expression ◽  
Federal Court ◽  
Fundamental Rights ◽  
Free Expression ◽  
Freedom Of Information ◽  
Hard Case ◽  
Human Rights Treaties ◽  
The Right

Resumo: Este artigo versa sobre os aspectos mais relevantes da regulação do direito fundamental de expressão e de informação e de sua colisão com outros direitos, no plano jurídico internacional e brasileiro. O estudo compila julgados dos Tribunais Internacionais e outros órgãos responsáveis pelo monitoramento de tratados de Direitos Humanos, com o escopo de apontar formas de solução para os conflitos de bens hoje existentes. Igualmente, discute a previsão e o tratamento dado à tais direitos no ordenamento constitucional brasileiro. Finalmente, analisa um hard case julgado pelo Supremo Tribunal Federal - caso Siegfried Ellwanger -, no qual a colisão entre os direitos protegidos se evidenciou, apontando a solução para o choque entre o direito de livre expressão e a dignidade humana. Palavras-chaves: Colisão de direitos fundamentais. Direitos humanos. Liberdade de expressão. Liberdade de informação. Igualdade. Dignidade humana. Abstract: This article deals with the most relevant aspects of the fundamental right of speech and of information and its collision with other rights, in the international and Brazilian juridical spheres. The study carried out in its context compiles rulings of the international tribunals and other bodies responsible for the monitoring of human rights treaties, with the purpose of pointing out ways of solving the conflicts of goods that exist today. It also discusses the prediction and treatment of such rights in the Brazilian constitutional order. Finally, it analyzes a hard case judged by the Supreme Federal Court (STF) (Siegfried Ellwanger’s case), in which the collision between the rights protected was evident, pointing out the solution to the clash between the right of free expression and human dignity. Keywords: Collision between fundamental rights. Equality. Freedom of expression. Freedom of information. Human dignity. Human Rights.

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