The intentional spread of incorrect information, ‘disinformation’ has increased rapidly in the past couple of years. Bringing with it serious threats to aspects of modern society that constitute central parts of the European Union’s values, thus requiring protection in line with the core aims and duties under EU law. Despite this, the phenomenon of disinformation has not been the focus of regulation until recently, and any attempts to further the regulation of disinformation risks limiting the fundamental right to freedom of expression and information. This right is embedded in Article 11 of the Charter of the Fundamental Rights of the European Union (the Charter) and entails protection so fierce that it sets constraints for what actions the European Union (EU) and Member States may take to regulate any expression and information. In light of this information, the study aims to evaluate the current legal response to disinformation under EU law by assessing possible parallels with hate speech and examining possibilities for the EU and Member States to increase their response to disinformation. This aim is pursued through the use of the legal dogmatic method when investigating the sources and by juxtaposing disinformation with hate speech, which is more firmly regulated. The latter is assessed to determine whether the fiercer regulation of hate speech could arguably be a requirement for disinformation as well. The study offers a deeper understanding of the competencies and capacities within the complex and multilayered EU system and on these grounds then discusses the sufficiency of the current response to disinformation and if there are possibilities to enhance it. Through this assessment, disinformation is found homogenous to hate speech, and possibilities for the EU and Member States to enhance the regulation of disinformation are detected. The study therefore concludes that the current response to disinformation is insufficient in contrast with the response to disinformation and in line with the aims and duties to protect under EU law.
Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:uu-529245 |
Date | January 2024 |
Creators | Carlestam, Cornelia |
Publisher | Uppsala universitet, Teologiska institutionen |
Source Sets | DiVA Archive at Upsalla University |
Language | English |
Detected Language | English |
Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
Format | application/pdf |
Rights | info:eu-repo/semantics/openAccess |
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