LEGAL ASPECTS OF COUNTERING THE CREATION AND DISSEMINATION OF FAKE INFORMATION ON THE INTERNET ON THE EXAMPLE OF THE DOMESTIC LEGISLATION OF STATES AND THE PRACTICE OF INTERNATIONAL REGIONAL ORGANIZATIONS

Abstract

The threat of the dissemination and influence of fake (unreliable, false) information can be regarded as one of the negative manifestations of the large-scale digitalization process that covered all spheres of social functioning and structure. Against the backdrop of the unfolding coronavirus epidemic, the threatening consequences of the rapid and uncontrolled process of disinformation in the global information space became especially evident. The phenomenon of fake information becomes a global threat, catastrophic in its destructive consequences. Effective counteraction to the growing threat of misinformation is possible only through an integrated approach that includes adequate and sufficient legal instruments. Purpose: to consider legal mechanisms to combat fake content, both at the level of national legislation of states and at the international level. In the course of the work, through the application of the method of comparative legal analysis, a study is conducted and an assessment is made of the existing approaches to the definition and normative binding of the category of «fake information»; highlighting the essential characteristics of this phenomenon, criteria for classifying this or that information as fake, researching the mechanism of criminalization of acts of creating and disseminating fake news in the information space using the example of the domestic legislation of individual states, as well as an overview of existing international initiatives in this area, undertaken at the level of regional international organizations (for example, the EU), and universal measures (UN initiatives). Results: based on the results of the study, the authors come to the conclusion that it is necessary to develop a universal comprehensive international legal mechanism to counter the threat of the spread of fake information in the global information space, which should be based on generally binding principles of international law, in the first place respect and observance of human and civil rights and freedoms. Only such an approach seems to be the most effective and can be a kind of deterrent on the way of the desire of individual governments to establish censorship and excessive state control of the information space.