Fake News and International Law
- In light of current efforts at addressing the dangers of fake news, this article will revisit the international law relevant to the phenomenon, in particular the prohibition of intervention, the 1936 International Convention on the Use of Broadcasting in the Cause of Peace, and the 1953 Convention on the International Right of Correction. It will be argued that important lessons can be learned from the League of Nations’ (LON) efforts in the interwar period and the UN’s activities in the immediate post-WWII era, while taking into account the new challenges that arise from modern communication technology. Taking up the LON’s and UN’s distinction between false and distorted news, the international legal framework will be tested, in particular, against the coverage of the 2016 ‘Lisa case’ by Russian Government-funded media. This coverage is widely considered to be fake news aimed at destabilizing Germany’s society and institutions. The article argues that false news can be subject to repressive regulation in a sensible manner.In light of current efforts at addressing the dangers of fake news, this article will revisit the international law relevant to the phenomenon, in particular the prohibition of intervention, the 1936 International Convention on the Use of Broadcasting in the Cause of Peace, and the 1953 Convention on the International Right of Correction. It will be argued that important lessons can be learned from the League of Nations’ (LON) efforts in the interwar period and the UN’s activities in the immediate post-WWII era, while taking into account the new challenges that arise from modern communication technology. Taking up the LON’s and UN’s distinction between false and distorted news, the international legal framework will be tested, in particular, against the coverage of the 2016 ‘Lisa case’ by Russian Government-funded media. This coverage is widely considered to be fake news aimed at destabilizing Germany’s society and institutions. The article argues that false news can be subject to repressive regulation in a sensible manner. Distorted news, however, will have to be tolerated legally, since prohibitions in this regard would be too prone to abuse. A free and pluralist media, complemented by an appropriate governmental information policy, remains the best answer to fake news in all its forms. Due diligence obligations to fact-check, transparency, and remedies that are effective despite difficulties in attribution, and despite a lack of universal acceptance, could likewise be conducive.…
Author details: | Björnstjern BaadeGND |
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URN: | urn:nbn:de:kobv:517-opus4-422383 |
DOI: | https://doi.org/10.25932/publishup-42238 |
ISSN: | 2509-3770 |
ISSN: | 2509-3762 |
Title of parent work (English): | KFG Working Paper Series |
Publication series (Volume number): | KFG Working Paper Series (18) |
Publication type: | Working Paper |
Language: | English |
Date of first publication: | 2018/09/24 |
Publication year: | 2018 |
Publishing institution: | Universität Potsdam |
Release date: | 2019/01/10 |
Issue: | 18 |
Number of pages: | 23 |
Source: | First publication of the paper: https://ssrn.com/abstract=3243345 |
RVK - Regensburg classification: | PR 2357 |
Organizational units: | Extern / Berlin Potsdam Research Group "The International Rule of Law - Rise or Decline?" |
DDC classification: | 3 Sozialwissenschaften / 34 Recht / 340 Recht |
Peer review: | Nicht referiert |
License (German): | Keine öffentliche Lizenz: Unter Urheberrechtsschutz |