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Disinformation, Misinformation, and Democracy: Legal Approaches in Comparative Context

Disinformation, Misinformation, and Democracy: Legal Approaches in Comparative Context

Author: Ronald J. Krotoszynski Jr.; András Koltay; Charlotte Garden
Publisher: Cambridge University Press
ISBN: 9781009373289
Published In: April 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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In today's digital age, the spread of dis- and misinformation across traditional and social media poses a significant threat to democracy. Yet repressing political speech in the name of truth can also undermine democratic values. This volume brings together prominent legal scholars from democracies worldwide to explore and evaluate different regulatory approaches for addressing this complex problem – all taking into account that the cure must not be worse than the disease. Using a comparative lens, the book offers important and novel insights into methods ranging from national regulation of politicians' speech to empowering civil-society groups that are well-positioned to blunt the effects of disinformation and misinformation. The book also provides solutions-oriented recommendations for policymakers, judges, legal practitioners, and scholars seeking to promote democratic values by encouraging free political speech while combatting disinformation and misinformation.

1. Disinformation, misinformation and democracy: defining the problem, identifying potentially effective solutions, and the merits of a using a comparative legal approach Ronald J. Krotoszynski

Part I. Theoretical Approaches to the Disinformation Problem:

2. The internet, democracy and misinformation Robert C Post

3. Democratic freedom of expression and disinformation Andrew T Kenyon

Part II. The Case of Government Disinformation:

4. Communication of state authorities – the power of the office Indra Spiecker genannt Döhmann

5. Public officials' lies and their effects for the proliferation of disinformation: another way to approach the crisis Eduardo Bertoni

Part III. Regional Regulatory Approach to Disinformation – Europe:

6. Freedom of expression and the regulation of disinformation in the European union András Koltay

7. The fight against disinformation in the council of Europe, and the relevant case law of the European court of human rights Bernát Török

Part IV. National Approaches to Disinformation:

8. The perils of fundraising using the disinformation of the big lie Ciara Torres-Spelliscy

9. Fake news under siege: a century of regulation in chile John Charney

10. The battle against disinformation: legislative challenges in South Korea Ahran Park

11. Disinformation, misinformation and democracy: an Indian constitutional perspective Gautam Bhatia

12. Disinformation and democracy in Africa and South Africa Joanna Botha

13. Navigating the nexus of elections, technology and democracy amid escalating disinformation and misinformation challenges in Kenya Victoria Miyandazi, Lucianna Thuo

Part V. Civil Society and Tackling Disinformation:

14. Knowledge institutions and resisting 'truth decay' Vicki C Jackson

15. Freeing speech at work: journalists' unions, workplace democracy, and political democracy Charlotte Garden

16. Afterword: for whose benefit is the freedom of speech? Vincent Blasi