Fake news can, under certain circumstances, be dangerous. Laws to ban it are (almost always) worse.
“Fake news” is real enough, although it is not a phenomenon that should be exaggerated, especially because doing so contributes to the atmosphere of generalized distrust that the likes of the Kremlin are so keen to spread.
It’s also worth noting how the idea of fake news, or other forms of dis/misinformation, has been weaponized by repressive regimes against their own people, something that was entirely predictable.
Angela Merkel’s pioneering social media censorship law, the catchily named Netzwerkdurchsetzungsgesetz, was passed in 2017. It imposed fines of up to 50 million euros for (among other offenses) social media companies that failed to remove “fake news” from their sites. While the German definition of “fake news” was narrow (the misinformation being posted had to be content that would already be criminal under German law), the idea of criminalizing it (and who is to define what is “fake”?) inspired imitators elsewhere, including in Russia.
Given the recent, uh, episode of martial law in South Korea, a New York Times story from November 2023 made interesting reading, particularly this:
The president [Yoon Suk Yeol], a former prosecutor, is turning to lawsuits, state regulators and criminal investigations to clamp down on speech that he calls disinformation, efforts that have largely been aimed at news organizations. Since Mr. Yoon was elected last year, the police and prosecutors have repeatedly raided the homes and newsrooms of journalists whom his office has accused of spreading “fake news.” . . .
The Korea Communications Standards Commission, which typically blocks websites featuring gambling, pornography or North Korean propaganda, said it intended to screen all online media to eliminate “fake news” after its new chairman, a Yoon appointee, called it “a clear and present danger.”
“If we don’t stop the spread of fake news,” Mr. Yoon told his staff in September, “it will threaten free democracy and the market economy built on it.” . . .
In South Korea, conservatives and their rivals have both been accused of cracking down on critical news reports when they are in power. When the liberal opposition was in office, it also called fake news “a public enemy” and tried to introduce legislation that would allow hefty financial penalties. The attempt foundered after conservatives pushed back, calling it a “dictatorial” effort to muzzle unfriendly news outlets.
Fast-forward to December 2024 (Reuters):
South Korean President Yoon Suk Yeol declared martial law on Tuesday for the first time in the country since 1980. Below is a Reuters translation of the military decree:
“In order to protect liberal democracy from the threat of overthrowing the regime of the Republic of Korea by anti-state forces active within the Republic of Korea and to protect the safety of the people, the following is hereby declared throughout the Republic of Korea as of 23:00 on December 3, 2024:
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All political activities, including the activities of the National Assembly, local councils, and political parties, political associations, rallies and demonstrations, are prohibited.
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All acts that deny or attempt to overthrow the liberal democratic system are prohibited, and fake news, public opinion manipulation, and false propaganda are prohibited. . . .”
Fake news can, under certain circumstances, be dangerous. Laws to ban it are (almost always) worse. Almost? Yes, in particular the malicious use to which deepfakes could be put are legion. How to deal with that?