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"Fake news" as a current legal issue related to globalisation

Publication at Faculty of Law |
2020

Abstract

One ofthe main aspects of globalization is almost boundless dissemination of information on the Internet and sociál media networks. The traditional purpose of journalism and the corresponding right to receive and disseminate information is facing unprecedented situations in which the general public may be a victim of the reality where many interest groups use the online space for their own purposes.

The information is often spread with a title that is intended to give the reader an impression of sensation, and is usually based on dubious or almost completely fabricated sources; sometimes they even try to imitate reliable sources of information. Moreover, robotic propaganda with the potential to manipulate public opinion is not exceptional, especially on social media networks.

News of various nature reach unlimited number of recipients within a very short period of time. Such a simple access to information by a wide range of recipients makes it easier to share misinformation and 'fake news" than ever before.

Furthermore, the seriousness of their impact may vary, ranging from minor interferences with personality rights to a tool in hybrid warfare. Accordingly, the paper aims to open a discussion on this topic.

It considers whether it is necessary and desirable to adopt a legal regulation of this phenomenon and, if so, in what manner to address it. It particularly examines and discusses whether the general legal mechanisms are sufficient in this regard or whether it is required to adopt a specific legal framework.

Concurrently, the paper takes into account approaches to this issue in other countries and discusses the potential risks of such legal regulation, especially with respect to the freedom of expression.