engleski

"Fake news" in time of crisis in the context of Article 10 of the European Convention on Human Rights

The development of the Internet, social networks and other information and telecommunication technologies has significantly contributed to the realization of the freedom of expression. But it has also made it easier and faster than ever before to spread disinformation, misinformation, propaganda and fake news. Although these are not new phenomena, the impact that they had in recent years on political processes in democratic societies (e.g. US presidential elections in 2016 and Brexit), as well as on human behavior during the COVID-19 pandemic, directed attention to this topic. The aim of this paper is to point to the problem of fake news as a human rights issue, in the context of the Article 10 of the European Convention on Human Rights (ECHR), which guarantees the freedom of expression. In order to better understand the complexity of the phenomenon of fake news, the paper firstly provides a terminological overview of the terms fake news, propaganda, disinformation and misinformation. The authors then point to several examples of the spread of disinformation and misinformation in the Republic of Croatia and other countries, especially in the context of crisis such as COVID-19 pandemic and earthquake in the Republic of Croatia. The paper then provides an overview of the Article 10 of the EHCR, with particular emphasis on its paragraph 2, which contains the preconditions for restricting freedom of expression, as well as an overview of Article 15 of the EHCR on the derogation of rights in time of emergency. The authors also provide an analysis of relevant jurisprudence of the European Court of Human Rights. The paper provides clarifications on the issue of determining in which kind of situations, and under which requirements the restrictions on freedom of expression based on paragraph 2 of Article 10 are justified. It is crucial to avoid the risk of censorship and ideological impositions of national governments in cases where restrictions are imposed. The key is in careful balancing between protecting freedom of expression and other human rights and legitimate interests in implementing Article 10 of the ECHR in time of crisis.

fake news ; freedom of expression ; human rights ; Art. 10 of ECHR ; derogation of rights

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