Legal and regulatory responses to misinformation and populism

Abstract

Disinformation and misinformation are not new phenomena but, as many authors explain, as old as time. Two states, Germany and France, have introduced laws to tackle disinformation. This chapter outlines different responses in case studies on Germany, France, and the UK. This is explained through existing legal instruments namely, hate speech and strong privacy laws and right of reply in France and Germany whereas the UK takes a more self-regulated approach as supported by recent case law. Due to Germany's highly legalistic culture, laws are highly detailed with little flexibility as to implementation. Unlike in Germany and France, the main statutory legal instruments are the obligation of duty of care, the adoption of technical measures, and codes of practice. Legal basis for statutory action within the European Union is, however, tenuous. There has, however, been a rise in fake news stories in the German traditional press since their move online.