Revisiting Disinformation Laws in the Age of Social Media

Abstract

Misinformation on social media is a significant issue today, necessitating a thorough analysis of the problem and potential solutions. To protect free speech while holding those who spread fake news accountable, the US legal system must make certain adjustments. While the First Amendment safeguards online freedom of expression, exceptions exist. Social media firms are exempt from responsibility under § 230 of the Communications Decency Act of 1996 (CDA) since they only host, rather than create, false news. These firms may withdraw content without legal repercussions because of this immunity, which creates the possibility of censorship. To obtain a comprehensive understanding of how social media-driven disinformation is handled, it is also important to compare the US legal model to those of the European Union and certain Asian nations. This essay will investigate the issue of fake news disseminated through social media and propose solutions to the issue while also recommending modifications to misinformation laws to improve their efficacy and prevent censorship risks.