Pak Sahafat – Man is always looking for progress, and with the growth of the human population, this process has a further leap, and the world and all countries are moving towards a direction where borders do not have the previous meaning and through electronic tools and by pressing a few buttons and touching a smart screen through virtual space and networks.
Virtual space has found a very strong and important place among the people of the world and in practice life without virtual space will be difficult and sometimes impossible. The increase of easy and widespread communication in cyberspace is so necessary that the people of the world have neglected its problems to some extent; To the extent that they do not pay due attention to increasing the speed of spreading rumors, increasing unreal and unreliable news, increasing tensions and conflicts between people, and increasing the sense of insecurity and worry. These problems are due to fake news and false information, which, due to the nature of social networks, have a very favorable platform for creation, growth and learning.
Fake news is not a new phenomenon and has existed since ancient times, but the ever-increasing expansion of digital platforms and social media, which allows a wider distribution of information to a global audience, greatly increases the need to deal with fake news.
Spreading fake news or false information is a crime in some countries and punishment has been set for it; But when? When these news pose a threat to people’s life, health or property. Among other cases, it is possible to mention the possibility of widespread violations of public order or public security, social infrastructure, etc.
Even France, which claims to be the cradle of freedom and democracy, has declared it illegal to disturb the public peace by publishing or reproducing fake news with malicious intent, relying on the freedom of the press law.
False information has a direct relationship with the psychological security of people and society, and sometimes the accidental publication of false news has been able to have very bad effects on society, and this became a reason for countries to enact laws to deal with false information and fake news by declaring crimes against the publishers of such news.
In this section, we discuss the measures and laws of some countries and the European Union to manage this global crisis.
Singapore; Fine and imprisonment
Singapore proposed a law to fight fake news online. According to the draft law, those who publish false content online with malicious intent to harm the public interest may face penalties of up to 10 years in prison.
Internet platforms, including social media sites such as Facebook or Twitter, should also act quickly to limit the spread of falsehoods by displaying corrections next to such posts or removing them. Failure to comply can result in a fine of up to S$1 million. Individuals can also be ordered to make similar corrections and, if they fail to do so, they can be fined up to S$20,000 and jailed for up to 12 months.
Malaysia; The first country against fake news
Malaysia was one of the first countries to introduce anti-fake news law. The law criminalizes the malicious creation or dissemination of fake news, and anyone found guilty can be jailed for up to six years and fined up to 500,000 ringgit (S$165,390).
Australia; if you are late, you will be imprisoned!
In Australia, social media and web hosting companies can be fined and jailed if violent content is not removed “promptly”. Under the law, companies can face fines of up to 10 percent of their global annual turnover; While executives face up to three years in prison if they don’t remove videos or photos that show terrorism, murder, rape or other incidents. The crimes are serious and without delay.
Russia; Website removal, blocking and fines
The Russian government imposed stiff fines on Russians who publish what authorities consider fake news or who show “blatant disrespect” to the government online.
Critics have warned the law could aid government censorship, but lawmakers say it is needed to combat fake news and offensive comments online. Authorities may block websites that do not comply with requests to remove false information.
Individuals can be fined up to 400,000 rubles for spreading false information online that results in a “massive violation of public order.”
European Union; creating tech companies to protect citizens and remove content
The European Union and authorities around the world must regulate big tech companies and social media to protect citizens, European Commission Vice President Frans Timmermans said last month. EU heads of state will urge governments to share information on threats through a new warning system set up by an EU enforcement mechanism. They will also require online platforms to do more to remove misleading or illegal content.
Argentina; 12-hour tagging opportunity or financial and legal consequences
Argentina is a country that supports freedom of thought and always tries to criminalize fake news in certain cases and fine their publishers. In this case, the government has ordered the Internet providers to label the verified information with the title “Notice of Suspicious Validity”.
The country wants Internet service providers to reduce the distribution of tagged news. Register it on the public website created by the CNE as news of questionable validity determined by the Commission. A CNE chamber secretariat will oversee the entire process of identifying and labeling fake news. Internet service providers will be required to comply with the CNE order within 12 hours.
Brazil; Penalty in case of accusation and slander
Brazil has not issued a specific law for disseminating false information, and only the Penal Code defines slandering someone as a crime and punishes it with imprisonment from 6 months to 2 years and a fine. The same punishment is applied to anyone who knowingly publishes or exposes it. Slandering someone by attributing insulting things to his reputation is punishable by imprisonment from three months to one year and a fine. This crime is also punishable by imprisonment from 1 to 6 months or a fine. If the violation includes the use of elements that refer to the race, color, ethnicity, religion, origin and condition of the elderly or disabled, the punishment is imprisonment; from one to three years and a fine.
China; Suspension of business, imprisonment and fines
According to the Criminal Law of the People’s Republic of China, the punishment for publishing false information is up to seven years in prison, depending on the type.
Anyone who falsifies false information about a dangerous situation, epidemic situation, disaster situation or alert situation and publishes such information through the information network or any other media, or knowingly publishes said information while clearly knowing that it is false and as a result severely disturbs the public order, will be sentenced to definite imprisonment up to a maximum of three years, criminal detention or public supervision.
Germany; A fine of up to 50 million euros
Germany has a number of civil and criminal law provisions that may apply to protect individuals or the public from fake news on social media. Also, the network implementation law has been approved with the aim of fighting fake news in social networks by improving the implementation of current laws.
Social networks that do not remove clearly illegal content may be fined up to 50 million euros. Germany also tries to ensure that citizens have access to legal information by providing free access to laws and court decisions online.
Under German criminal law, there are several provisions that prohibit the statement or publication of personal information that is either false or cannot be proven to be true. The condition is that the false information causes defamation of people or has a negative impact on public opinion towards that person; A person convicted for the crime of defamation is sentenced to imprisonment for a maximum of one year or a fine, and if it is done publicly or through written publication, to a prison term of two years or a fine.
Sweden; declaring a crime to the extent of incitement to war, exclusion, fine and imprisonment
Sweden protects freedom of speech, access to public information and anonymity of sources in its constitution. Types of illegal speech include crimes against individuals such as defamation, insults, threats and hate speech (racial incitement) and crimes against the state such as inciting war. Media publications and programs are subject to the law and media must correct wrong information.
Several ethics boards enforce ethical compliance with media laws. Enforcement of laws and principles prohibiting the publication of false information is carried out by the Chancellor of Justice, the Swedish Broadcasting Commission and self-regulatory boards. Crimes such as defamation or incitement to war are handled through the normal court system with the presence of the Minister of Justice as the prosecutor. Such “crime against press freedom” is subject to a fine or imprisonment.
England; Drafting the law
Fake news has existed in the UK for centuries, but the concern has recently become a potential national security threat, with foreign actors seeking to influence British citizens, according to the government. The UK currently has no legislation regulating the credibility of news posted by online platforms. Several government reports have been issued on the issue, recommending that tech companies have a duty to remove content identified as harmful or be penalized.
The government is currently drafting a legal and executive package that will determine the framework for dealing with issues arising from fake news published online.