Definition and Regulation as an Effective Measure to Fight Fake News in the European Union

Mazur Viktoria () and Chochia Archil ()
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Mazur Viktoria: MA student at Department of Law, Tallinn University of Technology, Estonia
Chochia Archil: PhD, is a Senior Researcher at Department of Law, Tallinn University of Technology, Estonia

European Studies - The Review of European Law, Economics and Politics, 2022, vol. 9, issue 1, 15-40

Abstract: Fake news is relevant in most countries of the world; nowadays the disinformation and fake news are of great importance as they greatly affect different political and social aspects of public life including healthcare, elections, migration, economy, etc. People are free to express themselves in different forms on the Internet, including publishing any content due to the freedom of expression. In order to understand how to legally frame fake news, it should first be clearly defined. The problem of disinformation and fake news is closely connected to the fact that providing a new law on fake news is likely to not just overlap but even often to conflict with the legislations that guarantee freedom of expression as fundamental freedom in the European Union. After considering existing laws, comparing, and analyzing measures taken to combat fake news, it appears that legislation may lead to over-censoring, violating freedom of expression. For effective fighting with fake news and its negative impact on the EU public, regulation on fake news is not necessary, it brings more legal issues than benefits to combating the dissemination of disinformation. Clearly defining the borderline between fake news and lies in the context of freedom of expression can therefore be more useful, taking a balancing approach. The general public is in many cases lacking media literacy and it can be improved by strengthening the role of media, which should be more consistent and be aimed at educating modern society.

Keywords: disinformation; fake news; freedom of expression; legal definition; regulation (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:9:y:2022:i:1:p:15-40:n:5

DOI: 10.2478/eustu-2022-0001

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