By: Tomer Shadmy
Fake news and has the potential to challenge the realizations of foundational human rights and democratic principles and institutions, such as the understandings of freedom of expression, and the effective functioning of participatory democracy. This may occur, for example, consequent to the multiplying effect of echo-chambers and micro-targeting, or the exacerbating effect of hyper-partisan intolerant and polarizing messaging. It is apparent that legal, and human rights-based responses must therefore be developed. This research project centers on on understanding the fake news phenomenon in various regions and systems and the developing new legal, policy and technological frameworks for responding to these challenges.
In order to answer these questions, this project is constructed around a two-stage process. The first stage focuses on the identification of real world examples and initial analysis vis-à-vis what conducted is covered by existing law and what requires new thinking and new approaches. The second stage will examine potential legal and policy-based regulatory responses to fake news. It will examines the theoretical relationship between fake news and human rights law, the appropriateness and effectiveness of policy-based responses to fake news, and potential legal responses to fake news. These include, obligations placed directly on the State, including with respect to the regulation of corporate activity, obligations placed on news providers, such as social media platforms and incentives for action by all relevant stakeholders.