engleski

European Policymaking on Disinformation and the Standards of the European Court of Human Rights

The extensive spread of disinformation, in particular online, represents a human rights challenge in itself, but inappropriate regulatory responses to it may result in even bigger human right infringements. This chapter examines the relevant ECtHR case law applicable to the phenomenon of online disinformation, in relation to Member States and EU policy responses to the same phenomenon. It analyzes (1) the definitions policy responses apply to the concept of disinformation and equivalent concepts ; (2) the cases and conditions in which disinformation may fall under the category of illegal content ; and (3) the status of political speech in disinformation-related concerns and policy responses. The policy analysis is paired with review of the ECtHR case law that might be applicable to the phenomenon of online disinformation with a view to observing the extent to which policymaking is in line with ECtHR standards and case law concerning limitations of speech and expression.

European media governance ; disinformation ; ECtHR ; human rights ; harmful content ; political speech

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