Regulatory Responses to ‘Fake News’ and Freedom of Expression: Normative and Empirical Evaluation
Helm, RK; Nasu, H
Date: 8 February 2021
Article
Journal
Human Rights Law Review
Publisher
Oxford University Press (OUP)
Publisher DOI
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 ...
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.
Law School
Faculty of Humanities, Arts and Social Sciences
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