Regulatory Responses to ‘Fake News’ and Freedom of Expression: Normative and Empirical Evaluation

Abstract National authorities have responded with different regulatory solutions in attempts to minimise the adverse impact of fake news and associated information disorder. This article reviews three different regulatory approaches that have emerged in recent years—information correction, content r...

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Bibliographic Details
Published in:Human Rights Law Review 2021-06, Vol.21 (2), p.302-328
Main Authors: Helm, Rebecca K, Nasu, Hitoshi
Format: Article
Language:English
Subjects:
Compliance
Fake news
False information
Freedom of expression
FREEDOM OF SPEECH
HUMAN RIGHTS
International law
International law and human rights
NATIONAL SECURITY
PUBLIC HEALTH
Rule of law
Sanctions
SOCIAL MEDIA
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Summary:Abstract National authorities have responded with different regulatory solutions in attempts to minimise the adverse impact of fake news and associated information disorder. This article reviews three different regulatory approaches that have emerged in recent years—information correction, content removal or blocking, and criminal sanctions—and critically evaluates their normative compliance with the applicable rules of international human rights law and their likely effectiveness based on an evidence-based psychological analysis. It identifies, albeit counter intuitively, criminal sanction as an effective regulatory response that can be justified when it is carefully tailored in a way that addresses legitimate interests to be protected.
ISSN:1461-7781
1744-1021
DOI:10.1093/hrlr/ngaa060