Spreading deliberately misleading information is nothing new; however, with the rise of social media and the development of new technologies such as artificial intelligence and deepfakes generated using AI, unprecedented amounts of fake news are reaching users at an unprecedented rate. The publication highlights that disinformation is no longer a marginal communication issue, but rather a threat to democratic institutions, citizens’ right to information and the integrity of elections.

Hamis hírek – A dezinformáció jogi szabályozása (Fake News: The Legislation on Disinformation) is co-authored by András Koltay, the President of the NMHH, and János Tamás Papp and Péter Nemere, research experts at the NMHH.

“One of the great dilemmas of modern states under the rule of law is how to protect their society from deliberate deception without casting a shadow of censorship or undue interference by the authorities over freedom of speech”, reads the introduction to the book. Starting from this stubborn dilemma, the publication studies both the theoretical and enforcement aspects of the issue.

First, the book first attempts to clarify the conceptual framework, distinguishing between the different manifestations of disinformation and the categories of disinformation covered by law. The authors then discuss the thin line between disinformation and freedom of speech, followed by a description of the Strasbourg Court’s practice and the constitutional limits related to false statements of fact.

The publication also addresses in detail the conventional means used in media regulation to combat disinformation, such as the right to correction and the obligation to provide balanced information, while highlighting their limitations in today’s “click-based” media market. A separate chapter provides an analysis of the responsibility of digital platforms, the relevant EU legislation and the role of fact-checking in the fight against disinformation.

The book also looks at geopolitical challenges with a separate chapter dedicated to the EU ban on Russian state media, analysing the criticisms and legal implications of this unprecedented move concerning freedom of speech. Furthermore, it also provides a broad international overview of the different national regulatory models of the United States, major European states, Singapore and more.

It presents a comprehensive view of the seemingly endless battle between legislation and false statements made in public. As the fight against disinformation will determine the future of digital public sphere in the 21st century, the book will be a point of reference for lawyers, media professionals, policymakers and interested readers to understand the legal and social context of this phenomenon.

One of the authors of the book, András Koltay, points out that “disinformation is a symbolic and tangible issue in online communication” and the publication explores various aspects of this issue.

“Although the book can be considered a snapshot, the fundamentals of free speech are changing nowhere near as fast as communication technology. Therefore, much of the analyses presented in the book will presumably remain relevant in the longer term”, adds András Koltay.

Watch our video interview with the President of the NMHH here: