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

Abstract

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".

A comparative study on false information governance in Chinese and American social media platforms

“…The Global Web Index 2020 report found that ‘using social media to stay up‐to‐date with news and current events is the top reason for logging in globally’ (Trifonova, 2021). Social media plays a gatekeeper role and constantly shares and disseminates news and information that are crucial for a functioning political system and democracy (Beckerle et al, 2021; Neuwirth, 2021). Thus, in this study, the relevance of controlling news and information flows is prioritised in deciding which social media platforms are the subjects to study.…”

The impact of information disorder on deliberative process

“…Looking for alternatives that minimize the effects of information disorder in the deliberative process, researchers point to complementary paths. Solutions involve adjustments to digital platform algorithms (van Dijk, 2017); punishment of producers of false content and limiting the advertising of such content (Manganello et al, 2020); identifying sources of disinformation (Messaoud, 2021); regulating digital media (Messaoud, 2021;Neuwirth, 2022;Polyák & Nagy, 2021;Wardle & Derakhshan, 2017), and literacy programs (Abed & Barzilai, 2023;Cook et al, 2023;Morote & Hernández, 2022;Morote Seguido, 2023;Sill et al, 2023).…”

Desordem Informativa no Contexto da Pandemia de Covid-19

“…Na busca por alternativas que minimizem os efeitos negativos da desordem informativa, há alguns caminhos complementares. As soluções passam por ajustes nos algoritmos das plataformas digitais (van Dijk, 2017); punição dos produtores de conteúdos falsos e limitação da publicidade destes conteúdos (Manganello, Bleakley & Schumacher, 2020); o silêncio estratégico em alguns casos, evitando o 'tiro pela culatra' (Fachin et al, 2020;Uwalaka et al, 2021); a identificação das fontes de desinformação (Messaoud, 2021); a regulação dos meios digitais de comunicação (Messaoud, 2021;Neuwirth, 2022;Polyák & Nagy, 2021;Wardle & Derakhshan, 2017) e programas de literacia (Andreatta, 2021;Musi, O'halloran, Aloumpi, Carmi & Yates, 2022;Oji, 2022;Paris, Carmien & Marshall, 2022;Puig, Blanco-Anaya & Pérez-Maceira, 2021;Trninić, 2021;Veletsianos, Houlden, Reid, Hodson & Thompson, 2022).…”