THE CRIMINALIZATION OF FAKE NEWS: LIMITS OF FREEDOM OF EXPRESSION AND PENAL RESPONSIBILITY

Abstract

In this article, we discuss various aspects related to the criminalization of fake news, examining their definitions, characteristics, and potential social and political impacts. We analyze the ethical and practical challenges associated with the criminalization of fake news, highlighting issues such as freedom of expression, diversity of opinions,  and trust in democratic institutions. Additionally, we explore the implications of the criminalization of fake news for society and politics, including the potential political use of laws and the challenges in defining and proving fake news. We conclude by emphasizing the importance of a balanced and collaborative approach that promotes media literacy, strengthens quality journalism, and holds digital platforms accountable. By tackling this challenge collaboratively and based on democratic principles and human rights, we can strengthen our democracy and promote a more informed and resilient public sphere.