Regulating Disinformation in Europe: Implications for Speech and Privacy external link

UC Irvine Journal of International, Transnational, and Comparative Law, vol. 6, num: 1, pp: 9-36, 2021

Abstract

This Article examines the ongoing dynamics in the regulation of disinformation in Europe, focusing on the intersection between the right to freedom of expression and the right to privacy. Importantly, there has been a recent wave of regulatory measures and other forms of pressure on online platforms to tackle disinformation in Europe. These measures play out in different ways at the intersection of the right to freedom of expression and the right to privacy. Crucially, as governments, journalists, and researchers seek greater transparency and access to information from online platforms to evaluate their impact on the health of their democracies, these measures raise acute issues related to user privacy. Indeed, platforms that once refused to cooperate with governments in identifying users allegedly responsible for disseminating illegal or harmful content are now expanding cooperation. However, while platforms are increasingly facilitating government access to user data, platforms are also invoking data protection law concerns as a shield in response to recent efforts at increased platform transparency. At the same time, data protection law provides for one of the main systemic regulatory safeguards in Europe. It protects user autonomy concerning datadriven campaigns, requiring transparency for internet audiences about targeting and data subject rights in relation to audience platforms, such as social media companies.

disinformatie, frontpage, Privacy, Regulering, Vrijheid van meningsuiting

Bibtex

Article{vanHoboken2021, title = {Regulating Disinformation in Europe: Implications for Speech and Privacy}, author = {van Hoboken, J. and Fahy, R.}, url = {https://www.ivir.nl/publicaties/download/Regulating-Disinformation-in-Europe.pdf}, year = {0601}, date = {2021-06-01}, journal = {UC Irvine Journal of International, Transnational, and Comparative Law}, volume = {6}, number = {1}, pages = {9-36}, abstract = {This Article examines the ongoing dynamics in the regulation of disinformation in Europe, focusing on the intersection between the right to freedom of expression and the right to privacy. Importantly, there has been a recent wave of regulatory measures and other forms of pressure on online platforms to tackle disinformation in Europe. These measures play out in different ways at the intersection of the right to freedom of expression and the right to privacy. Crucially, as governments, journalists, and researchers seek greater transparency and access to information from online platforms to evaluate their impact on the health of their democracies, these measures raise acute issues related to user privacy. Indeed, platforms that once refused to cooperate with governments in identifying users allegedly responsible for disseminating illegal or harmful content are now expanding cooperation. However, while platforms are increasingly facilitating government access to user data, platforms are also invoking data protection law concerns as a shield in response to recent efforts at increased platform transparency. At the same time, data protection law provides for one of the main systemic regulatory safeguards in Europe. It protects user autonomy concerning datadriven campaigns, requiring transparency for internet audiences about targeting and data subject rights in relation to audience platforms, such as social media companies.}, keywords = {disinformatie, frontpage, Privacy, Regulering, Vrijheid van meningsuiting}, }

Notions of Disinformation and Related Concepts external link

Betzel, M., Fahy, R., Helberger, N., Marrazzo, F., Matějka, S., Nyakas, L. & Papp, J.
2020

Abstract

Previous work of the European Regulators Group for Audiovisual Media Services (ERGA) has shown that the definitions used by the European Commission, Member States and online platforms for the different phenomena of disinformation deviate and should be further clarified in order to ensure a consistent approach. The aim of this Report is to provide for clearer and more uniform definitions of disinformation to ensure optimal guidance to all actors involved and contribute to more consistency within the national approaches. The Report also aims to assist in coming to clearer definitions and ensure more consistency and uniformity regarding the notions of political advertising and issue-based advertising. The information for this report was collected through various means including an examination of existing academic research, interviews with relevant stakeholders, particularly from the civil society and media. The scope of the survey was not limited to the single notion of disinformation but also covered concepts that are usually associated with disinformation such as misinformation, malinformation, fake news, false news, false information, and foreign influence operations. Information was collected on definitions, interpretations, and understandings of disinformation and related concepts available in the legislation and other regulation including (self-regulatory) codes and guidelines of ERGA members and observers. The Report concludes with identifying key relevant elements and characteristics of the notions of disinformation, political advertising, and related concepts, and includes recommendations to assist in coming to clearer definitions regarding disinformation, political advertising and issue-based advertising.

disinformatie, Mediarecht, Online platforms

Bibtex

Report{Betzel2020, title = {Notions of Disinformation and Related Concepts}, author = {Betzel, M. and Fahy, R. and Helberger, N. and Marrazzo, F. and Matějka, S. and Nyakas, L. and Papp, J.}, url = {https://www.ivir.nl/publicaties/download/ERGA-SG2-Report-2020-Notions-of-disinformation-and-related-concepts.pdf}, year = {1211}, date = {2020-12-11}, abstract = {Previous work of the European Regulators Group for Audiovisual Media Services (ERGA) has shown that the definitions used by the European Commission, Member States and online platforms for the different phenomena of disinformation deviate and should be further clarified in order to ensure a consistent approach. The aim of this Report is to provide for clearer and more uniform definitions of disinformation to ensure optimal guidance to all actors involved and contribute to more consistency within the national approaches. The Report also aims to assist in coming to clearer definitions and ensure more consistency and uniformity regarding the notions of political advertising and issue-based advertising. The information for this report was collected through various means including an examination of existing academic research, interviews with relevant stakeholders, particularly from the civil society and media. The scope of the survey was not limited to the single notion of disinformation but also covered concepts that are usually associated with disinformation such as misinformation, malinformation, fake news, false news, false information, and foreign influence operations. Information was collected on definitions, interpretations, and understandings of disinformation and related concepts available in the legislation and other regulation including (self-regulatory) codes and guidelines of ERGA members and observers. The Report concludes with identifying key relevant elements and characteristics of the notions of disinformation, political advertising, and related concepts, and includes recommendations to assist in coming to clearer definitions regarding disinformation, political advertising and issue-based advertising.}, keywords = {disinformatie, Mediarecht, Online platforms}, }