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(De)regulation of Fake News

Publication at Faculty of Law |
2020

Abstract

The speech focused on the legal issues of so-called fake news and aims to evaluate the possibilities of regulation and deregulation of fake news. While the questions related to the legal perception of fake news and their reflection in current statutory law can be said to constitute a certain research gap not covered by any comprehensive and complex publication, the speeker seeks to cast a light upon the problematical aspects of fake news and offer the reader possible legislative solutions of such problems, with main research questions being (i) whether the current legal regulation of fake news can adequately and efficiently react on problems connected to this phenomenon, and (ii) whether and how should fake news be regulated de lege ferenda.

The contribution pays attention to some problematical issues regarding the legal responsibility for false content both in media and non-media environment, also arguing with the concept of preventive regulation of fake news including measures for removal of false content. The speeker also analyses the constitutional aspects of fake news being a phenomenon partially protected by the freedom of speech and their conflict with other constitutionally guaranteed rights, while not elaborating further aspects as e.g. competition law or issues of the right to protection of personality.