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Global Response to Fake News

Anti-Fake News Act, 2017 (Republic of the Philippines)

Section 2 of the Act states “It shall be unlawful for any person to maliciously offer, publish, distribute, circulate and spread false news or information or cause the publication, distribution, circulation or spreading of the same in print, broadcast or online media, provided that, such false news or information cause or tend to cause panic, division, chaos, violence, hate or which exhibitor tend to exhibit a propaganda to blacken or discredit one’s reputation and the person knowingly commits such act with full knowledge that such news or information is false, or with reasonable grounds to believe that the same is false.” 

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Action Plan against Disinformation (European Commission, 2018

This Action Plan answers the European Council’s call for measures to “protect the Union’s democratic systems and combat disinformation, including in the context of the upcoming European elections”. 

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Action Plan against Disinformation – Report on Progress (European Commission, 2019)

This factsheet contains a progress report on the action plan undertaken by the European Commission in 2018.

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Alana Sheltzer, Governments around the world are criminalising fake news. Why is that bad news? (Scroll, 10 July 2019)

The article discusses new legislation being passed globally to control misinformation. It highlights the fear that these laws would be misused to stifle free speech and target whistleblowers.

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Carlos H. Condos, Philippine Activists Charged with Sedition, ‘Fake News’ (Human Rights Watch, 22 Apr 2020)

The news article records how Philippine authorities used the Covid-19 pandemic and new public health restrictions as an excuse to charge political opponents and activists with criminal offenses pertaining to speech. 

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Code of Practice on Disinformation (European Commission, 2018)

Representatives of online platforms, leading social networks, advertisers, and advertising industry agreed on a self-regulatory Code of Practice to address the spread of online disinformation and fake news. 

Code of Practice on Disinformation – Achievements and areas for further improvement (European Commission, 2020)

This Staff Working Document sets out an assessment of the implementation and effectiveness of the Code of Practice on Disinformation during its initial period of operation of 12-months. 

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Daniel Funke and Daniela Flamini, A guide to anti-misinformation actions around the world (Poynter, 2020)

This guide collates current global attempts to legislate against what can broadly be referred to as online misinformation.

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Fernando Nuñez, Disinformation Legislation and Freedom of Expression, 10 U.C. IRVINE L. REV. 783 (2020)

This Note explores the legal framework emerging in the global context to combat disinformation on social media.

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Final Report on Disinformation and ‘Fake News’ (Digital, Culture, Media and Sport Committee, Parliament of United Kingdom, 2019)

The Committee calls for the Government to consider a number of recommendations concerning fake news and include concrete proposals for action in its forthcoming White Paper on online harms.

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Joint Declaration: Challenges to Freedom of Expression in the Next Decade (ACHPR, OAS, OSCE and UNHRC, 10 Jul 2019)

The declaration acknowledges the need to address, within the framework of international human rights law, serious problems that arise in the context of digital technologies, including disinformation; incitement to hatred, discrimination and violence; terrorist recruitment and propaganda; arbitrary and unlawful surveillance; interference with the use of encryption and anonymity technologies; and the power of online intermediaries.

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Joint Declaration on ‘Fake News’, Disinformation and Propaganda (ACHPR, OAS, OSCE and UNHRC, 3 Mar 2017)

Leading monitors of freedom of expression around the world came together to issue a Joint Declaration on freedom of expression, focusing this year on fake news, disinformation and propaganda. 

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Joint Declaration on Freedom of Expression and Elections in the Digital Age, Organization for Security and Co-operation in Europe (ACHPR, OAS, OSCE and UNHRC, 30 Apr 2020)

The declaration denounces dis-, mis- and mal-information and “hate speech”, which can exacerbate and even generate election-related tensions, calling on parties and candidates to avoid intentionally using these types of statements to enhance their electoral prospects and recognizing the important role played by independent election regulators in addressing these forms of speech and promoting access to information.

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Joint Declaration on Media Independence and Diversity in the Digital Age (ACHPR, OAS, OSCE and UNHRC, 2 May 2018)

The declaration stresses the need to tailor speech restrictions on the media narrowly, especially when grounds of national security, extremism and hate speech etc. are invoked.

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Gustavo Guerra, Philippines: Criminal Charges Filed over Misinformation on Coronavirus (Library of Congress, 2020)

On February 17, 2020, the Philippine National Police (PNP) announced that criminal charges had been filed against an individual who was caught spreading misinformation about coronavirus 2019 (Covid-19) on social media. 

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Lessons from Malaysia’s anti-fake news act (Brookings Podcasts, 2020)

The podcast discusses the passage and repeal of a Malaysian law purportedly aimed at combating disinformation—a useful case study highlighting how illiberal governments can use countering disinformation to justify restricting freedom of expression. 

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Malaysia parliament scraps law criminalizing fake news (Aljazeera, 10 Oct 2019)

The news item describes the repeal of a law passed by an earlier Malaysian government which critics said was designed to stifle dissent.

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Mickey Huff, Joint Declaration on Freedom of Expression and ‘Fake News’, Disinformation, and Propaganda, Secrecy and Society 1(2) (2018)

A critical comment on the 2017 joint declaration on fake news, highlighting its drawbacks and progressive achievements. 

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Ng Huiwen, Parliament: 7 things to know about Singapore’s proposed law to combat online fake news (The Straight Times, 7 May 2019)

A Bill to tackle the spread of online falsehoods was passed in the Singapore Parliament, making Singapore among the first countries to take steps to legislate this increasingly serious problem. 

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Ruth Levush, Government Responses to Disinformation on Social Media Platforms: Comparative Summary (Library of Congress, 2020)

This report narrates individual surveys of the European Union (EU) and fifteen selected countries from around the globe on their responses to disinformation on social media platforms.

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Shannon West, Russia Criminalizes the Spread of Online News which ‘Disrespects’ the Government (NPR, 18 Mar 2019)

Russian President Vladimir Putin has signed a new law which will allow the punishment of individuals and online media for spreading what Russia calls “fake news” and information which “disrespects” the state. 

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Spreading Fake News is a Crime (Government of Philippines, Department of Information and Communications Technology)

The official government page contains information on laws relating to spreading fake news.

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Tackling Online Disinformation (European Commission, 2020)

This web page collates information on all the policies undertaken by European Commission towards curtailing online disinformation.

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The European Digital Media Observatory (European Commission, 2020)

This web page describes the European Digital Media Observatory as a project aimed at creating a European hub for fact-checkers, academics, and other relevant stakeholders to collaborate with each other and actively link with media organizations, media literacy experts, and provide support to policymakers on tackling disinformation.

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Tomoko Nagasako, Global disinformation campaigns and legal challenges, 1 INT. CYBERSECUR. LAW REV. 125 (2020)

This paper demonstrates cases of disinformation in cyberspace and focuses on legal problems in international laws and countermeasures taken by legal systems in individual countries.

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