Misinformation and Technology: Rights and Regulation Across Borders

Global Constitutionalism: 2020

89 Pages Posted: 28 Jan 2021

See all articles by Robert Post

Robert Post

Yale Law School

Miguel Maduro

affiliation not provided to SSRN

Date Written: November 17, 2020

Abstract

The “virtual” public sphere has taken on unprecedented importance, exposing a variety of legal questions regarding the governance of the internet and its relationship to democracy and freedom of speech. This Chapter begins with reflections on the traditional public sphere and its evolution into a virtual phenomenon. Virality, interactivity, and zero marginal information costs have exacerbated traditional issues with fake news. The algorithmic distribution of information has distorted public deliberation. The interaction between national and international public spheres has never been so seamless, leading to unprecedented issues in the governance of national communication environments. The Chapter examines legislative and judicial responses to these new challenges.

Keywords: misinformation, freedom of speech, conflict of laws, social media

Suggested Citation

Post, Robert and Maduro, Miguel, Misinformation and Technology: Rights and Regulation Across Borders (November 17, 2020). Global Constitutionalism: 2020 , Available at SSRN: https://ssrn.com/abstract=3732537 or http://dx.doi.org/10.2139/ssrn.3732537

Robert Post (Contact Author)

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Miguel Maduro

affiliation not provided to SSRN

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
101
Abstract Views
589
rank
311,063
PlumX Metrics