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Module 8: ‘False News’, Misinformation and PropagandaMisinformation is distinct to the quality of journalism and the circulation of trustworthy information which complies with professional standards and ethics.(1) However, misinformation and its ilk are not new but rather have become increasingly more powerful as they are fueled by new technologies and rapid online dissemination. The consequence is that digitally‑fueled misinformation, in contexts of polarisation, risks eclipsing quality journalism, and the truth.(2) Increasingly, the strategies to combat misinformation are more social and educational in their character in order to ensure that the right to freedom of expression is not violated by over-broad legislative provisions which criminalise or, in any way, chill expression. The current misinformation ecosystem, therefore, requires a critical assessment of the reasons for the dissemination of misinformation and the establishment of MIL campaigns.(3) In effect, combatting misinformation, at this stage, falls more within the realm of advocacy and education than it does litigation. The limited litigation in this space bears testament to this. However, this is likely to change as digital rights litigators engage in more strategic and test case litigation seeking to mitigate misinformation while protecting and promoting freedom of expression. .tg {border-collapse:collapse;border-spacing:0;}
Causes of misinformationTo understand how to combat misinformation, it is useful to first understand how it spreads. With the advent of the information age and the internet, information is spread more rapidly and often with the click of a mouse.(8) Equally, the speed at which information is transmitted and the instant access to information which the internet provides has caused a rush to publish and be the first to transit information. This, alongside more insidious practices such as the intentional distribution for disinformation for economic or political gain, has created what the UN Educational, Scientific and Cultural Organisation (UNESCO) refers to as a “perfect storm”.(9) UNESCO identifies three causes enabling the spread of misinformation:
These causes continue to pose difficulties for newsrooms, journalists, and social media users as the new news ecosystems, in particular, enable malicious practices and actors to flourish. However, as discussed, there is a fine line between seeking to combat the spread of misinformation online and violating the right to freedom of expression. WASHLITE v Fox News(13)On 2 April 2020, the Washington League for Increased Transparency and Ethics (WASHLITE) instituted proceedings against Fox News, a conservative American news network, claiming that “Fox’s repeated claims that the COVID-19 pandemic was/is a hoax is not only an unfair act, it is deceptive and therefore actionable under Washington’s Consumer Protection Act.”(14) WASHLITE sought a declaration to this effect and an injunction (interdict) prohibiting repeated statements on Fox News stating that COVID-19 is a hoax. In its findings, the Washington Superior Court found that WASHLITE’s goal was “laudable” but that its arguments ran “afoul of the protections of the First Amendment”, the right to freedom of expression. Its case was subsequently dismissed. How to combat misinformationEffectively combatting misinformation remains a pressing contemporary issue, with various remedies posited by jurists, academics, and activists. Notably, Associate Justice of the Supreme Court of the United States, Anthony Kennedy, in his majority decision in United States v Alvarez(15) held that “[t]he remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight‑out lie, the simple truth.”(16) MIL strategies and campaigns proposed by UNESCO seek to operationalise the position proposed by Justice Kennedy and provide a holistic approach to combating misinformation, without limiting the right to freedom of expression. As a point of departure, UNESCO proposes MIL strategies and campaigns as a process which enables the detection of misinformation and a means to combat its spread, particularly online.(17) MIL is an umbrella and inter-related concept which is divided into:
MIL strategies and campaigns, such as the COVID-19 campaign by the UN detailed below, should underscore the importance of media and information literacy in general but should also include a degree of philosophical understating. According to UNESCO, “[MIL strategies and campaigns should assist users] grasp that authentic news does not constitute the full ‘truth’ (which is something only approximated in human interactions with each other and with reality over time).”(25) Five ways in which the UN is fighting the COVID-10 ‘infodemic’The coronavirus (COVID-19) pandemic has generated significant amounts of misinformation, ranging from the use of disinfectants to combat the virus to false claims that the virus can spread through radio waves and mobile networks. In order to counter this “infodemic”, the UN has taken five steps to combat misinformation:(26)
Litigation where justifiable limitations existThe International Covenant on Civil and Political Rights (ICCPR) provides in article 20 that “[a]ny propaganda for war shall be prohibited by law” and that “[a]ny advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” In addition, article 4(a) of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) requires that the dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, must be declared an offence that is punishable by law. Despite the importance of freedom of expression, not all speech is protected under international law, and some forms of speech are required to be prohibited by states. However, there is a need for clear and narrowly circumscribed definitions of what is meant by the term “hate speech”, or objective criteria that can be applied. Over-regulation of hate speech can violate the right to freedom of expression, while under-regulation may lead to intimidation, harassment or violence against minorities and protected groups.(27) However, such litigation should be fully considered for unintended consequences and the possibility of jurisprudence which may negatively impact freedom of expression. Dependent on the content of the speech and the harm that it causes, the publication of counter-narratives may constitute a useful complementary strategy to litigation. For more information on this topic, see module 6 of this series. Alongside MIL strategies and campaigns and litigating misinformation that constitutes hate speech, another effective tool to combat misinformation is fact-checking and social media verification. According to the Duke Reporters’ Lab, in 2020 there are over 290 fact-checking projects debunking false news and misinformation in 83 countries, an increase of over 100 organisations from 2019.(28) In general, fact-checking and verification processes, which were first introduced by US weekly magazines such as Time in the 1920s,(29) consist of:
Fact-checking is central to strategies to combat misinformation and has grown exponentially in recent years due to the increasing spread of false news and misinformation, and the need to debunk viral hoaxes.(32) Alongside MIL strategies and campaigns, fact-checking and social media verification is becoming increasingly important in the fight against false news and misinformation. The REAL411 and PADREThe Real 411(33) is a new initiative which was recently launched in South Africa and which constitutes a civil society-led strategy to combat disinformation. The online REAL411 platform, which was supported by South Africa’s Independent Electoral Commission during South Africa’s 2019 national elections, allows users to report disinformation to the Digital Complaints Committee (DCC) who assist a complainant with referrals to one of the multiple statutory bodies in South Africa which may assist with a remedy. The DCC may also assist with the publication of counter-narratives. Aggrieved parties may appeal to the Appeals Committee should they be dissatisfied with an outcome. In addition to the REAL411, PADRE or the Political Party Advert Repository(34) was an innovative civil-society initiative which collated political party advertisements and assisted users to distinguish between genuine and false political party advertising during South Africa’s 2019 national elections. Which type of complainers in service recovery is characterized by above average propensity to complain on all dimensions?Activists.. These customers have an above average propensity to complain on all dimensions. They will complain to the provider, tell others, and complain to third parties. They have an optimistic sense of the potential positive consequences of all types of complaint action.
Which of the following groups of customers engages in negative word of mouth about a service provider but is unlikely to go to third parties with its complaints?They are likely to blame themselves for service failures. Which of the following groups of customers engages in negative word of mouth about a service provider but is unlikely to go to third parties with its complaints? Irates.
When service performance that falls below a customer's expectations in such a way that leads to customer dissatisfaction?A service failure, simply defined, is service performance that fails to meet a customer's expectations.
Which of the following is not one of the gaps that is a component of the service gap?"The difference between the service that employees are trained to provide and the service they actually deliver" is not one of the gaps in the "gap model of service quality." However, this gap can occur.
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