Review article
https://doi.org/10.30925/zpfsr.43.1.10
“FAKE NEWS” IN TIMES OF CRISIS IN THE CONTEXT OF ARTICLE 10 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Davor Muhvić
orcid.org/0000-0003-1261-5398
; J. J. Strossmayer University of Osijek, Faculty of Law, Osijek, Croatia
Ivana Rešetar Čulo
; Croatian Heath Insurance Fund, Osijek, Croatia
Abstract
of freedom of expression. However, they have also made it easier and faster than ever before to spread disinformation, misinformation, propaganda and fake news. Although these phenomena are not new, the impact they have had in recent years on political processes in democratic societies (e.g. the 2016 U.S. presidential election and Brexit) and on human behavior during the COVID-19 pandemic, has drawn attention to this issue. The aim of this paper is to highlight the problem of fake news as a human rights issue in the context of Art. 10 of the European Convention on Human Rights, which guarantees freedom of expression. The paper provides a terminological and historical overview of the term fake news and related concepts. It also provides an overview of Art. 10 of the European Convention on Human Rights and clarifies the situations and conditions under
which the restrictions on the freedom of expression are justified on the basis of Art. 10(2). The authors also provide an insight into the relevant case law of the European Court of Human Rights.
Keywords
fake news; freedom of expression; human rights; Art. 10 of the European Convention on Human Rights; European Court of Human Rights.
Hrčak ID:
278110
URI
Publication date:
26.5.2022.
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