Fake News and International Law

Baade, Björnstjern

doi:10.1093/ejil/chy071

Cited by 46 publications

(31 citation statements)

References 11 publications

(12 reference statements)

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“…The German police, Lisa and her family themselves publicly denied the story, but the Russian backed media that had featured the report did not issue an apology. They continued to frame the story as showing that Germany had a problem with policing and controlling migrants who were carrying out acts of sexual violence against women and girls (Baade, 2018). Even in 2018, Russian media sources continued to propagate the idea that the "Lisa case" was not fake because German courts have not imposed any punishment on Russian media sources for diffusing false information (Jakub, 2016).…”

Section: Exploiting Gendered Social Cleavagesmentioning

confidence: 99%

Identity, stability, Hybrid Threats and Disinformation

Freedman¹,

Gjørv²,

Razakamaharavo³

2021

icono14

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The following article examines the relevance of gender and intersectional analyses to better understanding hybrid threats, in particular those that are increasingly targeting civilian environments. The authors first present relevant concepts including hybrid threats and warfare, resilience, disinformation, civilian agency, and intersectionality as a method. Thereafter they discuss how disinformation is used to destabilise societies by directly attacking civilian spaces and attempting to foment polarisation and unrest, if not conflict. The authors then discuss how the concepts of disinformation and civilian agency are illuminated through gender and intersectional analyses, speaking to complex, civilian contexts by examining how gender (and race) have been employed to attempt to foment destabilisation. They conclude with some brief reflections about the role of gender and intersectional approaches in understanding hybrid threats and warfare, not just in European but also for other parts of the world.

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Section: Exploiting Gendered Social Cleavagesmentioning

confidence: 99%

Identity, stability, Hybrid Threats and Disinformation

Freedman¹,

Gjørv²,

Razakamaharavo³

2021

icono14

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“…In this regard, it is interesting to add that it was originally prepared by the League of Nations' International Committee for Intellectual Cooperation (ICIC) in parallel to the 1933 Convention for Facilitating the International Circulation of Films of an Educational Character, which had taken a more optimistic view. 6 The optimism was expressed in its Preamble, which mentions the desire "to facilitate the international circulation of educational films of every kind, which contribute towards the mutual understanding of peoples". Yet, while advocating the free trade of educational content, the Circulation Convention also recognizes the High Contracting Parties' right "to censor films in accordance with their own laws or to adopt measures to prohibit or to limit the importation or transit of films for reasons of public security or order" (Art.…”

Section: The Age Of Paradox or "Fake News" As A Glocal Phenomenonmentioning

confidence: 99%

The Global Regulation of “Fake News” in the Time of Oxymora: Facts and Fictions about the Covid-19 Pandemic as Coincidences or Predictive Programming?

Neuwirth

2021

Int J Semiot Law

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The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called "essentially oxymoronic concepts", i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the domain of literature, the arts or mysticism. Today, however, many new technologies and other innovations are contributing to their rise also in the domains of science and of law. Particularly in law, their inherent contradictory quality of combining apparently antagonistic suppositions challenges the traditional dualistic mode of reasoning and binary logic. As reflected in terms like fake news, alternative facts or conspiracy theories, these concepts are seen as a threat to the rule of law and legal certainty and have been described as harbingers of an age of disinformation or post-truth. The challenge posed by these apparently contradictory concepts requires a closer look at the premises that guide our legal thinking and a more integrated theory of the senses and their role in law, as captured by the terms "legal synaesthesia" and "legal semiotics". It also calls for an inquiry into the mind's functioning generally and how it processes information in the creative process of decision making, linking thoughts and actions as well as facts and fictions. Based on the qualification of "fake news" as an oxymoron, this article critically examines the deficiencies in a dichotomous distinction between fact and fiction exemplified by information about the pandemic of coronavirus disease 2019 in an attempt to clarify the principal issues for a global regulatory debate regarding "fake news".

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“…It tended to introduce the bouncing back (homeostatic approach towards resilience) to the previous condition of the system, thereby focusing on the internal resources of the society, externalizing the threat [4]. The main forms of counteracting are restrictions, normative regulations, institutional involvement [32; 33] and even the imposition of counterpropaganda [34].…”

Section: European Parliament Elections and Post-truth/disinformation mentioning

confidence: 99%

European Union in the age of post-truth: Developing societal resilience before European Parliament elections 2019

Kolotaev¹

2020

Vestnik SPbSU. International relations

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The emergence of phenomena such as fake news, alternative facts, and new wave populism have resulted in a new pressing problem for most modern democracies in the Western world. They have stressed a conceptual shift within the social tendencies and processes, which has resulted in the creation of a post-truth world. The main characteristics of such phenomena can be described as the transition from an evidence-based, normative and factual discourse to an emotional, post-factual and populistic one. The reason for this can be found in the psychological and technical dimensions of contemporary society. A synthesis of postmodernist logic of falling metanarratives, with the spread of social media, altered the nature of the truth and the lie. In this context, the changes in European politics at the supranational level became particularly important. The threat of populism, which uses the post-truth discourse in its favour, has forced the EU to elaborate on a set of mechanisms to overcome the negative effects of fake news and disinformation. Meanwhile, the main idea of how to tackle the phenomena of the post-truth world is based on the principle of societal resilience. An adaptive environment towards stressful influence on the Union is nowadays the global aim of the EU and it became particularly important right before the 2019 European parliament elections. This research will provide an analysis of the preliminary and preparatory measures that had been undertaken by the EU and a more general overview of the EU's capacity to resist post-truth.

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Fake News and International Law

Cited by 46 publications

References 11 publications

Identity, stability, Hybrid Threats and Disinformation

Identity, stability, Hybrid Threats and Disinformation

The Global Regulation of “Fake News” in the Time of Oxymora: Facts and Fictions about the Covid-19 Pandemic as Coincidences or Predictive Programming?

European Union in the age of post-truth: Developing societal resilience before European Parliament elections 2019

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