Pre-edition2.3_GIZ Law Journal

Pre-EDITION

First of all, there is a ton of promising studies und projects set up by various universities or associations that aim to gather information and understand the phenomenon and to make the topic itself more manageable. In doing so, different ways of handling the issues are continuously de - veloped. For example, the US government instructed the Defense Advanced Research Projects Agency (DARPA) with the development of a software that enables the iden - tification of disinformation. 4 Leaving the technical and analytical approach aside, a light needs to be shed on the hard facts. When it comes to regulation, a line has to be drawn once again between contents created by (alleged) private persons and such sources following journalistic purposes. Regarding journalistic work in Germany for example a so called media state contract (“Medienstaatsvertrag”) entered into force in November 2020. This agreement includes the obligation that online media with a journa - listic purpose has to keep up with recognized journalistic standards. According to that, the published contents have to be reviewed previous to their publication with the ne - cessary carefulness in terms of origin, verity and matter of the information provided. Potential consequences in not doing so can be the prohibition or suspension of the publication. Alternatively, the online media is free to join the German Press Council which stipulates a system of self-control in which all of their members acknowledge the general validity of a so called press codex whose re - gulations shall form the base of journalistic activity. 5 Ad - mittedly, the latter sounds vague and more like an effort to implement a moral instance.

On an European level the European Union introduced a so called plan of action back in 2018 leading to the esta - blishment of a task force and other services to face hybrid dangers like disinformation. It sought to strengthen digi - tal infrastructures in terms of data analysis and strategic communication aspects among the member states. 6 To grant a legally binding character in all member states, the European Union passed the so called Digital Services Act that targets to take action against disinformation and hate speech on the internet and imposes several obligations on the operators of social media platforms and online companies. 7 Apart from that, one can recognize a lack of area-wide, legally binding regulation both on a national and especia - lly on an international level. In fact, some countries f. e. in South Eastern Asian or African regions do show a will and passed various laws to eliminate disinformation. Howe- ver, as the rule of law is regularly cut short in many of tho - se political systems the fear of an abuse at the expense of the freedom of press and the right of free expression is tremendous. 8 Talking about responsibility prior to that, how much are we really allowed to expect - especially if we can’t even distinguish between the fact whether a tweet stems from a real person or a bot. Do we need to be protected better or are the measures taken already sufficient? Do we have to play our part or is it left to us after all? Perspective:

Ideally, the efforts already initiated will be further elabora - ted. The truth is, that introducing anti-disinformation-cam- paigns is only the first step, but moreover an all-over re- gulation that is both dynamic and just is required. It has to keep up with the necessity of being flexible to modern day challenges. Further, it has to be kept in mind, that different countries face different challenges in this realm. Especially in regions, where the trust in official entities, institutions and media obviously attached to them, is dee - ply afflicted. This is why the press has to participate ac- tively and acknowledge their potential of impact with the need to take over a leading role when it comes to a filter function. Further possible regulation needs to be purposeful and well-targeted. The different regional dynamics make it even harder to implement rules on an supranational le - vel. But ultimately, they will be necessary when it comes to countries where people responsible for the distribution of misinformation and in charge of the mechanisms rela - ted to this form the head of the state. These are the ones that need the help of the international community and the commitment to journalistic standards the most, as they are affected most heavily, too. Clearly, we have the right to demand and expect from media with journalistic purposes that they do their work diligently and professionally. Still, when it comes to con- sumption, everybody is held accountable individually to double-check the information provided by the media or on social media platforms.

The goal must be – to sensitize the consumer - that the wide mass is provided with objectively correct information or at least have access to the fact of whether the content provided is verified or not. Moreover for those, who are ready to view and question a topic and its background, it is important that their original intention of being a critical viewer or reader is not reversed as the fact that one is ready to consume different types and forms of media and is open to them can not be to their detriment. Last but not least, a very critical attitude is recommended in general regarding contents created by influencers or other private persons. We are not immune to mass pro- paganda and it is part of the human nature to jump to con - clusions quickly. We really need to promote the differen- tiated portraiture of events and moods without drawing a wrong or suggestive picture of reality. This is a challenge and a balancing act on its own that needs to be mastered by all of us together.

4 https://www.kom.de/medien/usa-entwickeln-software-gegen-fake-news/ 5 https://www.presserat.de/selbstverpflichtung-onlinemedien.html

6 https://www.bundesregierung.de/breg-de/themen/umgang-mit-desinformation/eu-desinformation-1875918 7 https://www.europarl.europa.eu/news/en/press-room/20220114IPR21017/digital-services-act-regulating-platfor- ms-for-a-safer-online-space-for-users 8 https://www.derstandard.de/story/2000084146773/staaten-bekaempfen-fake-news-zunehmend-per-gesetz; https://www.dw.com/de/afrikas-gesetze-gegen-internet-hass-hass-bekämpfen-freiheit-einschränken/a-52436598

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