In a "post-truth" era "fake news" has become become a much used and much hyped term. The 2016 US elections, Brexit referendum and "Pizzagate" have been often cited as examples of skewing democratic public process, fuelling propaganda and "hate speech" and even violence. This begs the question what exactly does the term "fake news" mean? In trying to answer these questions, this column will consider historical and contemporary perspectives on the term and its relationship with human rights.
Highlights:
- "Fake news" is a catchy term but it instantly conjures up a variety of meanings and thus be used very flexibly. It covers a wide range from playful hoaxes to propaganda to incitement of violence. Its lack of definition makes it very unhelpful and problematic from a legal perspective.
- From a historical perspective, while fake news is not a new phenomenon. The press, in particular the partisan press has always peddled in biased opinions and stories that lack facts. In the current context, with the rise of the internet culture and the sophistication with which fake news disseminated, it is both the state and internet intermediaries such as search engines and social media network operators to put pressure and curb the spread of fake news.
- Freedom of expression is a fundamental human right, and anyone who exercises this freedom has certain duties and responsibilities towards seeking the truth. This doesn't imply that one has the obligation of telling the truth, errors in judgement and inaccuracy of information can occur even amongst journalists. For the truth to prevail, there has be an equality in the sphere of public debate allowing journalists to act as effective watchdogs against untruths.