Arguably, one of the biggest challenges that societies face in this day and age is the rapid spread of propaganda, facilitated by social media and communications platforms. The spread of misinformation or disinformation, more commonly known as “fake news,” is not a new phenomenon. However, new technologies and means of communication have meant that false information can now be spread at a faster, more alarming rate than ever before. Misinformation has been classified as the unintentional spread of false or inaccurate information; the perpetrator shares the information, which they believe to be true, in good faith. Disinformation, however, is the deliberate spread of false information in order to cause chaos, mislead, or promote an agenda. Social and online media platforms have become a breeding ground for fake news, and recent events have highlighted how dangerous this can be for society.
Research has shown that false news spreads faster on social media than real news. An MIT report discovered that falsehoods are 70% more likely to be retweeted on Twitter than facts, and true news stories take up to six times longer to reach people. Social media has impacted our lives in a significant way, and whilst some of its advances have helped us for the better, it seems that platforms’ inability to fact check and their users’ rights to free speech and communication have created a melting pot of incorrect or inaccurate information.
This is something that human rights groups are becoming very aware of. The spread of fake news is endangering our rights in a number of ways and, whilst some organisations have attempted to tackle the issue, there are still many grey areas. In 2018, for example, the EU wrote the Code of Practice for Disinformation encouraging online platforms, social media networks, and online advertising agencies to “address the spread of disinformation”. Similarly, Malaysia passed the Anti fake-news act in order to hold people who intentionally spread fake news accountable for their actions. But whilst these institutions attempt to tackle the issue, they are stifled by one major flaw−the line between spreading fake news and freedom of speech is blurred, making it hard for organisations to protect one human right without taking away another.
THE HUMAN RIGHTS AT STAKE
The spread of fake news–be it intentional or unintentional–poses three significant threats to our human rights. The UN Committee on Economic, Social and Cultural rights determines that all humans have the right to a free and fair election, a right to health, and a right to non-discrimination. Yet, these three particular rights seem to be threatened by the spread of fake news.
Article 21 of the Universal Declaration for Human Rights describes a free and fair election as citizens having the right to choose their leaders in free, fair, and regular elections. In addition, voters have the right to access accurate information about parties, candidates, and other factors that may influence voting. With targeted political advertising, easy access to far right/ left groups and the spread of public opinion through social media, the line between what is fact and what is fiction is becoming ever more blurred.
The current blurring of fact and fiction impacts our voting patterns and political views, and there is much evidence to suggest that the spread of fake news through online media platforms is to blame. For instance, the UK, US, Brazil, and Hungary have seen a rise in populism in recent years, which correlates with growing social media usage from both voters and politicians. The percentage of people with right or left populist views is significantly higher for audiences who use alternative, online media outlets. Research suggests that people are inclined to “accept information [from social media sources] that aligns with their own partisan views” demonstrating how fake news stories are able to spread so fast, and are often not fact checked or critically assessed by their readers.
Reactions to the recent US election, for example, perfectly highlight the dangers of spreading mis- and disinformation online. Donald Trump’s baseless tweets that the 2020 US election was fraudulent were eventually censored by Twitter. However, his continuous lambasting of the security of US postal votes, combined with accusations that (verified) media outlets spread fake news proved enough to convince many Americans of Democrat foul play. This resulted in widespread anger across America, with Trump’s supporters toting guns outside polling stations, intimidating counters, and protesting to “stop the count”.
Our right to health is also jeopardised by the spread of fake news which often contradicts information about health care and disease prevention. Studies show that 40% of health news shared online is fake, with vaccines a big area of concern. Whilst the decision to vaccinate children is still one of personal choice in many countries, health officials stress that choosing not to vaccinate children can cause further issues for public health. For example, recent misinformation that the measles, mumps, and rubella vaccine can cause autism resulted in multiple declarations of public health emergencies, according to the UN.
Information regarding health and medical treatments has also been politicised in recent years. Trump, Maduro, and Bolsonaro incorrectly promoted the use of homemade remedies, unapproved drugs, or bleach as a means of curing the coronavirus. Downplaying the severity of the virus supported their political decisions and garnered support form populist supporters who had been against international travel bans, lockdowns, and wearing masks. But this false advice had a serious impact on public health, resulting in four out of ten Americans taking steps that the Health Protection Agency considered dangerous.
Finally, as the International Convention on Economic, Social and Cultural Rights dictates, everyone has the right to live without prejudice or discrimination. This right is threatened by the spread of fake news which often focuses on certain groups in society, such as migrants or ethnic minorities. The spread of misinformation often dehumanises minority groups, branding them unworthy of citizenship or even encouraging discrimination. Unfortunately most of these offenses are categorised as a form of group defamation–a lesser offence to hate crime with a lesser punishment. This means that punishing someone for spreading misinformation that incites violence or encourages prejudice is very difficult.
In 2017, Germany responded to online animosity towards migrants by expanding its group defamation laws to include social media giants such as Facebook, Twitter, and Google. The German government concluded that Facebook and Twitter failed to delete up to 70 percent of online hate speech, false allegations, or incorrect facts about certain groups within 24 hours of it being reported, thus failing to meet the national target. Whilst German authorities took a positive step towards tackling the effects of fake news, the case highlighted the struggles faced by Silicon Valley to monitor the spread of misinformation about minority groups and how it fails to protect their right to non-discrimination.
Of course, Germany’s decision received backlash from free speech campaigners who argue that the legislation goes too far into policing the digital world. As social media accounts are also used for political satire, personal expression, and voicing personal beliefs, the line between what should and should not be censored is very unclear.
A THREAT TO FREEDOM OF EXPRESSION
Whilst the aforementioned threats to human rights remains an issue, there lies another issue with trying to control or monitor fake news through policy responses because such laws pose a risk to the right to freedom of expression. There are widespread concerns that criminalising fake news could lead to censorship and the suppression of critical thinking and dissenting voices. Malaysia’s 2018 Anti-Fake News bill, for example, has already been denounced for targeting freedom of expression, notably with the arrest of a Danish citizen for his criticism of the police on social media.
Similarly, politicians have been able to weaponise the term fake news, using it to discredit journalists or opposing politicians who are spreading truths. When Donald Trump called out CNN for spreading fake news, he convinced many of his supporters that the channel was not credible and opened the doors for unofficial sources to continue the spread of dis- and misinformation on less traditional media platforms. In doing this, Trump denied the public their right to the truth and also removed the press’ freedoms of speech and expression.
Therefore, the question of what can be classed as the spreading of misinformation with malicious intent and what is simply an expression of opinion still remains unclear for many authorities. This blurred boundary has allowed fake news to multiply on social media platforms and provides a pedestal for propaganda and extremist opinions. Until we are able to appropriately fact check and punish those who contribute to the problem, our human rights will continue to face threats.
Holly has a Master’s Degree in International Relations from Liverpool Hope University. She has a specific interest in gender equality and wrote her dissertation on role of the female peace movement in modern society as well as recently completing a course in Feminism and Social Justice at UCSC. Having worked for three years as a multilingual foreign news editor, she is pursuing a career in international relations and communication.