TY  - JOUR
T1  - A REAL CHALLENGE FOR LIBERAL DEMOCRACIES: “FAKE NEWS” OR DOMESTIC REGULATIONS TO COUNTER FAKE NEWS?
TT  - A REAL CHALLENGE FOR LIBERAL DEMOCRACIES: “FAKE NEWS” OR DOMESTIC REGULATIONS TO COUNTER FAKE NEWS?
AU  - Atakul, Derya
PY  - 2022
DA  - July
DO  - 10.55792/anayasayargisi.1141571
JF  - Anayasa Yargısı
PB  - T.C. ANAYASA MAHKEMESİ
WT  - DergiPark
SN  - 1301-1200
SP  - 147
EP  - 184
VL  - 39
IS  - 1
LA  - en
AB  - This article aims to identify the greater threat to liberal democracies:“fake news” or domestic regulations intended to combat “fake news”.First, it assesses the impact of fake news on elections by analysing the2016 US Presidential election in which the world faced the modernversion of fake news for the first time and the 2019 EU Parliamentelection in which a non-regulatory initiative was launched to challengefake news. Then, it evaluates the impact of regulations on free speechby reviewing liberal democracies’ pioneering regulatory frameworksintended to combat fake news: French Law no. 2018-1202, Germany’sNetzwerkdurchsetzungsgesetz, and UK’s Online Harms White Paper.It argues that, while damage to the functioning of democracy causedby fake news during election periods has not been as great as wasfeared, since fake news has several, highly politicised meanings, legalframeworks tend to over-regulate, which may violate the freedom ofexpression according to the case-law of the European Court of HumanRights (ECtHR). The article concludes that enhancing media literacy andnon-regulatory efforts globally would contribute much more to preventthe impacts of fake news and to protect freedom of expression thanlegislative frameworks could, and that adopting regulatory frameworksto tackle the online dissemination of fake news should be reconsidered.
KW  - Fake news
KW  - disinformation
KW  - freedom of speech
KW  - media
literacy
KW  - non-regulatory efforts.
N2  - This article aims to identify the greater threat to liberal democracies:“fake news” or domestic regulations intended to combat “fake news”.First, it assesses the impact of fake news on elections by analysing the2016 US Presidential election in which the world faced the modernversion of fake news for the first time and the 2019 EU Parliamentelection in which a non-regulatory initiative was launched to challengefake news. Then, it evaluates the impact of regulations on free speechby reviewing liberal democracies’ pioneering regulatory frameworksintended to combat fake news: French Law no. 2018-1202, Germany’sNetzwerkdurchsetzungsgesetz, and UK’s Online Harms White Paper.It argues that, while damage to the functioning of democracy causedby fake news during election periods has not been as great as wasfeared, since fake news has several, highly politicised meanings, legalframeworks tend to over-regulate, which may violate the freedom ofexpression according to the case-law of the European Court of HumanRights (ECtHR). The article concludes that enhancing media literacy andnon-regulatory efforts globally would contribute much more to preventthe impacts of fake news and to protect freedom of expression thanlegislative frameworks could, and that adopting regulatory frameworksto tackle the online dissemination of fake news should be reconsidered.
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CR  - BALL, James (2017). Post-Truth: How Bullshit Conquered the World, London:
Biteback Publishing.
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Americans Believe Fake News Is Sowing Confusion”, Pew Research
Center.
CR  - BENEDEK, Wolfgang and KETTEMANN, Matthias C. (2013). Freedom of
Expression and the Internet, Strasbourg: Council of Europe Publishing.
CR  - BENKLER, Yochai, FARIS, Robert and ROBERTS, Hal (2018). Network
Propaganda: Manipulation, Disinformation, and Radicalization in American
Politics, New York: Oxford University Press.
CR  - BENNETT, John T. (27 May 2020). “Trump Accuses Twitter of Interfering in
Election after Fact-Checking His Tweets for First Time”, The Independent
https://www.independent.co.uk/news/world/americas/us-politics/
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CR  - BRADSHAW, Samantha and HOWARD, Philip N. (2018). “The Global
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CR  - CHERNER, Todd S. and CURRY, Kristal (2019). “Preparing Pre-Service
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UR  - https://doi.org/10.55792/anayasayargisi.1141571
L1  - https://dergipark.org.tr/tr/download/article-file/2529517
ER  -