Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Friday, July 31, 2020

Baade on Not Calling a Spade a Shovel: Crucial Subtleties in the Definition of Fake News and Disinformation @B_Baade @FU_Berlin

Björnstjern Baade, Freie Universität Berlin, has published Don’t Call a Spade a Shovel: Crucial Subtleties in the Definition of Fake News and Disinformation, published on Verfassungsblog, April 14, 2020. Here is the abstract.

There is considerable agreement that false as well as distorted (or misleading) statements can be 'fake news' or 'disinformation'. What is lacking, to my mind, is an awareness that the difference between these two varieties is critical. European human rights law requires the distinction between false and distorted statements. False statements may, in principle, be regulated, also in a repressive manner; distorted statements generally may not. Non-legal efforts to counter fake news or disinformation, e.g. fact-checking, are likewise harmed by disregarding the difference between false and distorted statements.

Download the essay from SSRN at the link.

https://lawprofessors.typepad.com/media_law_prof_blog/2020/07/baade-on-not-calling-a-spade-a-shovel-crucial-subtleties-in-the-definition-of-fake-news-and-disinfor.html

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