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by talltimtom 2710 days ago
It’s not impossible to prove intent.
1 comments

True, but then you have e.g. The National Enquirer and other supermarket tabloid style outlets. How would you criminalise deceptive fake news about Russia, Elections, Trump or Clinton, versus fake news about Elvis, Aliens, Hitler and Hamsters? Remember that the tabloids publish these false stories intentionally with the deliberate intent to try and convince the reader they are real. The authors know that Elvis is not alive and working in Burger King, but they say it anyway...

It's basically going to prove impossible to find a definition of 'fake news' that everyone is happy with. It can't just be 'Anything that some political group does not approve of' for instance, and it must be neither too broad (including all sorts of innocent publications, like tabloids mentioned earlier, foreign or historical propaganda, advertising that criticises its competitors, etc.) making it impossible to enforce, or narrow (fail to include certain categories of fakery) thus allowing loopholes and failing to accomplish anything.

But ... I think there are pretty good laws in place at the moment to deal with slander, libel, defamation and generally saying (or publishing) untrue things about people (or companies, entire groups of people defined by some shared attribute, locations, etc.) in a way that harms them (materially, or emotionally, maybe just potentially), and they actually deal with the situation where the intent is humour or parody. Too much of the time people have this knee-jerk reaction to X, something happening on the Internet, where they decide that the Internet-relatedness of this X makes it special (despite it being simply the age old problem of Y, but on the Internet) and demand a new crime of 'X' be created with incredibly harsh penalties like life in prison or death or billion dollar fines. But in general, it would suffice to continue to prosecute people for Y, just making sure that the Y-on-the-Internet cases also get looked at and prosecuted equally. I have no real problem with adding 'but on the Internet' as a qualifier to exiting crimes, in the same way as 'with a firearm' or 'while intoxicated' get tacked on as modifiers, increasing prison time and fines as appropriate, but this is almost never put forward as a suggestion.

So maybe we just need 'Libel, but on the Internet' to be prosecuted more often? Meh...