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Some reflections on the EU concept of disinformation

Publication at Faculty of Law |
2023

Abstract

This paper deals with the concept of disinformation in the light of historical experiences and with a special focus on documents of the European Union. As the specific elements of a definition of disinformation are rather unclear and leave significant space for interpretation, there is a risk of human rights violations, especially of the freedom of expression.

As for the truthfulness of an information, the strict categorisation of certain content as true or false is a dangerous simplification of standard communication processes. The truthfulness of expressions should be viewed as a continuum rather than in terms of a simplistic binary model.

We recommend to avoid the term disinformation in legal documents.