"This article examines the ongoing dynamics in the regulation of disinformation in Europe, focusing on the intersection between the right to freedom of expression and the right to privacy. Importantly, there has been a recent wave of regulatory measures and other forms of pressure on online platform
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s to tackle disinformation in Europe. These measures play out in different ways at the intersection of the right to freedom of expression and the right to privacy. Crucially, as governments, journalists, and researchers seek greater transparency and access to information from online platforms to evaluate their impact on the health of their democracies, these measures raise acute issues related to user privacy. Indeed, platforms that once refused to cooperate with governments in identifying users allegedly responsible for disseminating illegal or harmful content are now expanding cooperation. However, while platforms are increasingly facilitating government access to user data, platforms are also invoking data protection law concerns as a shield in response to recent efforts at increased platform transparency. At the same time, data protection law provides for one of the main systemic regulatory safeguards in Europe. It protects user autonomy concerning data-driven campaigns, requiring transparency for internet audiences about targeting and data subject rights in relation to audience platforms, such as social media companies." (Abstract)
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"In the process of accession to the European Union, Serbia is harmonizing laws with the EU legislation. In this process, the majority of regulations related to the prevention of hate speech and the spread of disinformation generally meet standards or are in the process of being amended. This factshe
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et briefly summarizes the basic information on the regulatory and self-regulatory framework in this area. It also provides examples from the practice of competent institutions and bodies, illustrating the application of the presented regulatory mechanisms in each explored area. This review is the fourth research report within the Resilience project. Its goal is to serve as the basis for a national debate to oppose hate speech and disinformation. It also contains a proposal of recommendations that will be finalized during the national debate." (Introduction, page 5)
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"Competent institutions should react in case of spreading hate speech and introduce appropriate measures to combat the spread of disinformation, which would serve as a middle ground between arresting those who spread disinformation and a too passive approach to this problem. In addition to this, the
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Criminal Code should be amended since its lack of preciseness allows deviations from international standards of freedom of expression. In addition to the Media Strategy, which is to deal with the development of the media and creating a more enabling work environment for journalists, the Government must work on raising awareness and improving the knowledge through the development of a media literacy strategy and an accompanying action plan. In the long run, the media community should work on the establishment of a single self-regulation body, which would bring to light the examples of the spread of hate speech, disinformation, and propaganda, and work on the promotion of professional standards. Existing self-regulatory bodies should initiate the process of changing and amending the Code of Journalists of Montenegro to include the issue of preventing the emergence and the spread of disinformation. Moreover, in order to prevent the spread of hate speech, the existing self-regulatory bodies, including the RTCG’s Ombudsperson, need to make a stronger effort in promoting the professional standards set out in the Code of Journalists of Montenegro." (Recommendations)
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"Regarding media and information literacy, the Kosovo Government and relevant education institutions, such as the Ministry of Education, should urgently introduce subjects that will be taught in school to provide a better understanding of the media and information literacy. Kosovo’s educational in
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stitutions should increase the teaching of critical thinking and the online sphere to improve inflammatory language and inappropriate ethnic slurs in the online space. Self-regulation bodies should hold discussions with their members and urge them to take action in the comments sections of their online media, social media and networks when it appears. Media organizations should increase their fact-checking mechanisms / newsrooms and remind journalists of the Code of Ethics more often." (Policy reommendations)
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"The volume first examines the teaching of media literacy in state-run schools in seven Sub-Saharan African countries as of mid-2020, as relates to misinformation. It explains the limited elements of broad media and information literacy (MIL) included in the curricula in the seven countries studied
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and the elements of media literacy related specifically to misinformation taught in one province of South Africa since January 2020. The authors propose a theory of ‘misinformation literacy’ – six fields of specific knowledge and skills required to reduce students’ susceptibility to false and misleading claims. Identifying obstacles to the introduction and effective teaching of misinformation literacy, the authors make five recommendations for the promotion of misinformation literacy in schools, to reduce the harm misinformation causes. The second report in the volume examines changes made to laws and regulations related to ‘false information’ in eleven countries across Sub-Saharan Africa 2016-2020 from Ethiopia to South Africa. By examining the terms of such laws against what is known of misinformation types, drivers and effects, it assesses the effects of punitive policies and those of more positive approaches that provide accountability in political debate by promoting access to accurate information and corrective speech. In contrast to the effects described for most recent regulations relating to misinformation, the report identifies ways in which legal and regulatory frameworks can be used to promote a healthier information environment." (Back cover)
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"The legislative framework for the regulation of hate speech in BiH is fragmented and unaligned with European standards, and there are few cases of its processing. Ways to combat disinformation mainly rely on self-regulatory frameworks and fact-checking platforms, and there are no comprehensive stra
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tegies to combat disinformation. Given the large presence of hate speech and disinformation, especially in the online sphere, which can affect the democratic processes in the country, it is necessary to improve the legislative, regulatory and self-regulatory frameworks and ways of their application. Bosnia and Herzegovina is obliged to adopt appropriate solutions in accordance with international conventions, recommendations of international bodies and standards of the European Court of Human Rights." (Conclusion, page 21)
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"El análisis revela los desafíos al proceso de construcción de soluciones reguladoras que protejan derechos y sean efectivas para promover el acceso a información confiable. La desinformación está profundamente entrelazada con los procesos políticos y sociales, y no es posible pensar en soluc
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iones legales y reguladoras aisladamente del entendimiento de estos procesos y de los contextos nacionales y locales." (Resumen)
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"Disinformation and infodemics have been central for the media policy agenda in most countries and in particular in Europe. Yet, the European Commission has had a soft law approach centralizing obligations to handling information disorder on a content level. This commentary argues that by focusing p
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rimarily on the content level we miss the bigger picture where disinformation and infodemics are only symptoms of something more important on a media infrastructure level. The commentary suggests that we need to reconsider regulation on the infrastructure level instead that supports the democratic need for better access to verified content by looking at how the current legal structure across regulatory silos is benefitting the exact opposite. Furthermore, the commentary suggests to specifically address influencers (defined by number of followers) in the context of moderation, and lastly suggests that user data is ideally stored and governed outside privately owned companies in Europe in order to benefit users and society at large." (Abstract)
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"1) Any definition of disinformation in legislation or other regulation, such as regulatory guidance, must take into account the serious implications for freedom of expression and media freedom. Particularly to the extent that provisions on disinformation have been adopted in criminal law, a precise
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definition is paramount. This is even more important following the basic principle of criminal law, which prescribes that penalties only may be imposed when the criminal behaviour and the applicable penal sanctions within the upper and lower limits are precisely formulated in the law. Scholars and fundamental rights experts have warned that disinformation is an “extraordinarily elusive concept to define in law”, and is “susceptible to providing executive authorities with excessive discretion to determine what is disinformation, what is a mistake, what is truth”. Further, measures to combat disinformation “must never prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the Internet.” Indeed, the European Commission has warned that laws on disinformation which are “too broad” raise particular concerns as regards freedom of expression, and can lead to self-censorship. Given the dangers associated with defining disinformation in legislation, great caution should be exercised in enacting a definition. 2) Current national approaches are very divergent, which from a Digital Single Market and market freedom perspective can create problems for the freedom of the media to disseminate information across borders. This clearly demonstrates a further need for considering all options of handling more unified concepts. 3) Where disinformation is sought to be defined, common elements of a more unified approach to defining disinformation should be: (a) false or misleading information, (b) disseminated with a specific intention (malicious or bad faith) (c) and has the ability to cause certain public harms." (Recommendations, page 85)
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"European Parliament resolution of 25 November 2020 on strengthening media freedom: the protection of journalists in Europe, hate speech, disinformation and the role of platforms (2020/2009(INI))." (Introduction)
"Although the Proclamation has good intentions of curbing hate speech in Ethiopia, it fundamentally restricts freedom of expression online and the right to information. Further, the proclamation has a chilling effect on online and offline rights, which could lead to self-censorship. For instance, jo
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urnalist Yayesew Shimelis was on April 21, 2020 arrested for allegedly attempting to incite violence by spreading false information contrary to article 5 of the Proclamation and charged by the high court Lideta branch. The government should accordingly repeal or amend the law to ensure that it promotes an online and offline environment that progressively facilitates the enjoyment of free speech and access to information in line with international and regional human rights instruments." (Page 4)
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"This report compares the impact of legislation in countries with multiparty legislatures and independent government institutions, and countries with one dominant political force and an absence of independent national institutions. It finds that in the former countries, provisions are included to sa
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feguard human rights and democratic practices, in particular freedom of expression, whilst international conventions are adhered to and aligned with human rights principles. In contrast, the latter countries place the authority of the state at the centre of dis-information laws, and their interpretation of what constitutes fake news is often vaguely-worded. To address these issues, a set of recommendations are prescribed to governments in the region to adhere to the international obligations, set up independent institutions, ensure multi-stakeholder collaboration, and seek expert advise the conditions to regard when implementing national legislation, policies and practices." (Abstract, page 61)
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"Was macht Desinformation im deutschsprachigen Internet aus? Wie wirkt Desinformation? Wie kann sie mithilfe technischer Mittel erkannt werden? Was kann und könnte mit regulatorischen und rechtlichen Maßnahmen gegen Desinformation getan werden? Aus den Erkenntnissen von Journalistik, Medienpsychol
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ogie, Informatik und Recht werden Handlungsempfehlungen an die relevanten Adressaten hergeleitet: An den Gesetzgeber, Presserat, Medienschaffende, Betreiber von Social Networks, Einrichtungen der Forschungsförderung und nicht zuletzt Mediennutzende. Dieser Band endet nicht bei der Analyse, sondern zeigt auf, wie die Verbreitung von Desinformationen über das Internet wirkungsvoll eingedämmt werden kann." (Verlagsbeschreibung)
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"This resource combines the collective wisdom of organizations on the front lines of combatting disinformation globally. This living project provides an outline of what’s being done to address the challenge in key areas and provides a searchable database of the organizations around the world engag
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ed in making the digital landscape safe for democracy. Effective democracies require that citizens have access to accurate and impartial electoral and political information. Disinformation campaigns spread cynicism, distort political processes and hinder citizens’ ability to make sound political decisions. Together we seek to identify what works, and expand the community engaged in this effort." (Publisher description)
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"This paper provides an overview of current responses to fake news and digital disinformation inside and outside the EU, and assesses the advantages and disadvantages of each solution. Four approaches emerge: (1) self-regulation (i.e.actions undertaken on a voluntary basis by the digital platforms);
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(2) co-regulation (i.e.cooperation framework between EU-level and national-level authorities, the internet platform companies, media organizations, researchers, and other stakeholders); (3) direct regulation (i.e. legal measures & sanctions); and (4) audience-centred solutions (i.e. factchecking and media literacy). We argue in favour of the co-regulation approach, while drawing attention to some current challenges in the response against disinformation. Furthermore, we need to go beyond the understanding of disinformation as an information/truth fraud, and draw additional measures to reflect the particular understanding of disinformation as a form of users’ engagement fraud." (Abstract)
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"This book studies tabloid journalism newspapers within the broader context of press freedom in Africa. After defining tabloid journalism and professional practices within various political contexts, the book then proceeds to consider tabloids in Southern Africa and emerging cyberspace laws. Many fa
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ctors of press freedom are considered, including the impact of public order and national security laws on tabloids in North Africa, the impact of defamation laws on tabloids in West Africa, the impact of the fake news laws on tabloids in East Africa, and the impact of sedition and treason laws on tabloids in Central Africa. Exploring tabloid journalism and press freedom in Arabic, Portuguese, and Francophone speaking countries across Africa, this book is a unique addition to this emerging field. The book concludes by providing a synthesis of the developing patterns from the cases analysed and by looking to the future to make recommendations and map the challenges and the successes." (Publisher description)
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"Les nouvelles technologies permettent aux diverses formes de manipulation de l’information de toucher de vastes publics. Chaque citoyen-internaute devient un acteur des manoeuvres de désinformation, en particulier en les relayant sur les réseaux sociaux. Internet constitue ainsi une révolution
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de l’information, mais aussi une révolution de la désinformation. Or la mécanique démocratique est mise en danger par les fausses informations, par les « fake news ». La désinformation 2.0 est à la fois un symptôme de la crise de la démocratie et un appel à reconstruire la démocratie. Dans ce cadre, le droit et la loi doivent sans doute intervenir et poser des garde-fous. Lutter contre la désinformation 2.0, ce n’est pas faire oeuvre liberticide. C’est, au contraire, protéger les libertés civiles les plus fondamentales. Plus on lutte contre la désinformation, plus on protège les libertés d’expression et d’opinion, car celles-ci ont besoin d’être éclairées. Et le vote est une forme d’expression et d’opinion que la « post-vérité » asservit bien plutôt que de la libérer." (Dos de couverture)
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