Katsirea, I. orcid.org/0000-0003-4659-5292 (2019) ‘“Fake news”: reconsidering the value of untruthful expression in the face of regulatory uncertainty’. The Journal of Media Law, 10 (2). pp. 159-188. ISSN 1757-7632
Abstract
Against the backdrop of the regulatory furore over ‘fake news’, this article examines the protection that is afforded to untruthful expression by the European Court of Human Rights and by national courts in Germany, the UK and the US. It argues that the suppression of ‘fake news’ in the face of uncertainty over the contours of this highly politicised term and of the evidentiary vacuum as to the harm posed, may run counter to constitutional guarantees of free speech. Regulatory interventions seeking to curb the flow of ‘fake news’, which is not per se illegal, require careful consideration lest they should empower governments or unaccountable technology corporations without editorial culture to become the arbiters of truth.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2019 Informa UK Limited, trading as Taylor & Francis Group. This is an author produced version of a paper subsequently published in Journal of Media Law. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Fake news; freedom of expression; Germany; United Kingdom; United States |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > Department of Journalism Studies (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 04 Feb 2019 09:43 |
Last Modified: | 30 Jul 2020 00:38 |
Published Version: | https://doi.org/10.1080/17577632.2019.1573569 |
Status: | Published |
Publisher: | Taylor & Francis |
Refereed: | Yes |
Identification Number: | 10.1080/17577632.2019.1573569 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:141447 |