14 April 2020
Don’t Call a Spade a Shovel
Such concerns are, not only but to a large extent, fueled by the apparent indeterminacy of the terms employed to regulate fake news. This is true for Hungary, but also for France, Russia and several Asian countries, which have already passed fake news legislation. Uncertainties concerning the definition may have discouraged other states from passing similar laws, out of legitimate worries over freedom of expression. In fact, however, many scholars and institutions actually agree on the characteristics of the phenomenon. Continue reading >>
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14 April 2020
Abstract panic: On fake news, fear and freedom in Southeast Asia
In Southeast Asia, which is the world’s most dynamic laboratory of fake news legislation, the corona crisis has put previously created laws to practice and sparked additional legislative activity. The professed goal is to prevent public panic. Recent enforcement actions, however, demonstrate the complete irrelevance of any panic indicators. A falsehood’s panic potential is simply assumed. In short, an abstract panic threat is fought with very concrete measures: Arrests and criminal prosecutions. Cases from across Southeast Asia prove the trend, whereas two decisions in Singapore deserve particular attention. Continue reading >>
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11 April 2020
Fighting Fake News or Fighting Inconvenient Truths?
Last week, the Hungarian Parliament amended the Criminal Code: it created the new crime of “obstructing epidemic prevention” and amended the already existing crime of scaremongering (rémhírterjesztés). The old version did have some shortcomings but the now adopted modification addresses none of the previously existing problems and makes the crime more susceptible to abuse by the authorities. Continue reading >>07 December 2019
Truth vs. Free Speech
Southeast Asian governments have been stepping up their efforts to actively manage the truth by combatting false information. Among the main tools are correction orders and state-run “fake news centers” that monitor and “rectify” alleged falsehoods online. In addition, government discourse employs increasingly belligerent language to denounce the perceived threats. The Southeast Asian “war on fake news” thus makes the region the world’s most vibrant laboratory of anti-falsehood legislation. The protection of the truth is becoming an increasingly accepted ground for restricting free speech. Continue reading >>
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11 September 2019
Norway’s Heureka Moment?
Norwegian elections are usually quite boring. While the government changes between different parties, the party structure has been remarkably stable for more than 80 years. And for decades, constitutional lawyers have been denied juicy electoral scandals. The electoral system runs smoothly without major hiccups. Monday’s local election brought at last a glimmer of excitement for Norwegian constitutional lawyers. Not only did a newly-formed protest movement shake up the traditional party landscape. It also came to light that Norway's public broadcaster attempted to manipulate students in the non-official school election. Continue reading >>
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20 April 2019
A Ministry of Truth in Singapore? Reflections on the Anti-Fake News Bill
On 1 April, the government of Singapore introduced the Protection from Online Falsehoods and Manipulation Bill. Often referred to as the Singaporean anti-fake news law, it is expected to be enacted with a few changes in the coming weeks or months. A closer look at the bill’s context, its most powerful elements and its possible regional impact as a model for legislation in other countries reveals that it is most likely to have a chilling effect on freedom of expression. Continue reading >>
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28 March 2019
Fundamental Rights as Bycatch – Russia’s Anti-Fake News Legislation
On 18 March, following approval by President Putin, Russia’s controversial anti-fake news legislation entered into force. While Russia is not the only state to address the issues of hate speech or fake news with legislative means, its new legislation raises serious constitutional concerns, particularly due to its imprecise and overly broad scope of application. Continue reading >>
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16 December 2018
A Look behind the Fake News Laws of Southeast Asia
In Southeast Asia, attempts to regulate the fake news phenomenon can be broadly categorized, on the one hand, in cases where fake news laws are conceived at least also as the government’s weapon to silence critics and dissenters, and on the other hand, cases where the discourse is lead more open-ended. Under the first category, Malaysia springs to mind, Cambodia and Vietnam possibly too. Thailand is a somewhat mixed case. Much more open-ended are the fake news discourses in Indonesia, the Philippines and Singapore. Continue reading >>
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05 September 2018
Shedding Light or Shooting in the Dark – How to define Fake News?
A proposed legislation against the “manipulation of information” is currently under consideration by the French parliament in order to tackle the problem of fake news. A sufficiently precise definition of fake news is a necessary preliminary condition to have a political or legal debate on the issue. The attempts of the French parliament have some significant shortcomings in this regard, but they can serve as a basis to elaborate a better definition. Continue reading >>
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25 July 2017