Labeling Disinformation in the Freedom of Speech Context

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Authors

KASL František

Year of publication 2020
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
Description The institutional responses to disinformation and propaganda need to be considered in the applicable legal framework for the protection of human rights. This includes the challenge of labelling the content under the freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. The contribution provides an analysis from this legal perspective based on the relevant case law of the European Court of Human Rights. It firstly describes the elements of freedom of expression and then deals with the labelling of disinformation within this framework. The focus is subsequently turned to the judicially inferred permissible limitations to freedom of speech. A related issue is the underlying conflict with freedom of the press and media business. The final remarks concern the viability of the approach through (co)liability of internet service providers for user-generated content.
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