Responding to Fake News: Is There an Alternative to Law and Regulation
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RESPONDING TO FAKE NEWS: IS THERE
AN ALTERNATIVE TO LAW AND
REGULATION?
David Goldberg*
INTRODUCTION
Discussion and debate about the origin and meaning of the term fake
news is complicated, complex and dynamic.' A selection of quotes
underpins this point:
* The ability to distinguish good information from bad is a solution to
the problem of fake news that must be adopted by the individual user.
Another solution would be to attempt to police those who originate
the fake news. Yet another would look into the medium through
which fake news is disseminated - the social media networks
themselves.2
* [T]he very smart people and experts have concluded the problem
is with the voter, as opposed to the terrible candidates on offer or the
corrupt system itself. This is the real reason for the current obsession
* Dr. David Goldberg is a Senior Associate Research Fellow, Information
Law and Policy Centre, Institute of Advanced Legal Studies, University of London; a
Senior Visiting Fellow, Institute of Computer and Communications Law
in the Centre for Commercial Law Studies, Queen Mary, University of
London; and an adjunct Associate Professor of Law, Southwestern Law
School, Los Angeles. He is a committee member of the Unmanned Aircraft
Systems Study Group of the UK Royal Aeronautical Society. Goldberg has been a volunteer with
the UK Campaign for Freedom for Information in Scotland since 1984 and is the vice-chair of the
International Advisory Board, Access Info Europe. He is a Fellow of the Royal Society of the
Arts etc.; and was awarded a PhD by Glasgow Caledonian University in 2012.
1. Perhaps inevitably, the very phrase has now been called into question. See Hossein
Derakhshan & Claire Wardle, Ban the Term Fake News, CNN (Nov. 27, 2017),
http://edition.cnn.com/2017/11/26/opinions/fake-news-and-disinformation-opinion-wardle-
derakhshan/index.html; see also Claire Wardle, Fake News. It's Complicated., FIRST DRAFT
NEWS (Feb. 16, 2017), https://firstdraftnews.com/fake-news-complicated/; About: Fake News,
EURACTIV, https://www.euractiv.com/topics/fake-news/ (last visited Feb. 11, 2018).
2. Paul Gatz, The Use and Abuse of Social Media in the Post Truth Era, LLRX (Nov. 19,
2017), https://www.llrx.com/2017/l /the-use-and-abuse-of-social-media-in-the-post-truth-era/.
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Responding to Fake News: Is There an Alternative to Law and Regulation
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