Welcome
to the time when journalism no longer rimes with verification, when facts have
become obsolete and re-establishing the truth is now the duty of formal
institutions. Looks like an Orwellian paradigm, doesn’t it? In order to provide
an adequate response to the spread of “fake news” – unchecked or intentionally
false information that tends to go viral through social networks – governments
seek new legislations. French ministry of Culture has been working since last
may on the project of a new law giving an additional framework to the media: in
the opinion of the minister Françoise Nyssen, the “capacity of judgement” of
French citizens is no longer sufficient to distinguish truth from lie.
However,
there is a very thin limit between protecting the truth and preserving the
integrity and the freedom of mass media. Why would the power have more
legitimacy to filter information? How would it filter this information,
especially if it is involved or questioned by it?
Nowadays,
the cyberspace is particularly vulnerable to the spread of fake news, due to
the lack of control mechanisms. Facing
this challenge, a law “against the manipulation of information” was voted by
the French National Assembly in first lecture, and transmitted to the Senate
for further examination. It includes two most controversial provisions.
Firstly,
during an electoral period, members of a political party, candidates or any
other stakeholders will have the right to demand the withdrawal of the
inaccurate information to a Court. The existing law regulating the media passed
in 1881 can now seem out of date considering the rapid changes in the way
information circulates. Nevertheless, it already included a part on "false
notices"; the new law extends this notion, changing the main term into
"unverifiable facts".
Secondly,
the Conseil supérieur de l'audiovisuel (CSA) will now be able to prevent or
suspend the broadcasting of television services financed or controlled by a
foreign State, that threaten the fundamental interests of the nation or are
likely to destabilize its institutions.
Russian
media Sputnik News and particularly RT France – that has been openly blamed by
President Macron during a joint conference with Vladimir Putin – feel directly
targeted by this law, and protest against the infringement on their basic right
to inform.
The
Russian Ambassador to France reacted to this law project wondering "who
would actually decide what falls under the qualification of fake news".
Paradoxically
enough, and despite all these criticisms, Russia is also currently voting on a
bill forbidding fake news.
First,
it establishes sanctions in case of non respecting this law: the obligation to
delete the content within 24 hours and the payment of a fine (that could go up
to 50 million rubles). But this law widens the spectrum of potentially
sanctionable material to the "promotion of homosexuality" or any kind
of "extremist content" - which exact nature remains undefined in the
bill.
The
law, finally, stipulates a need for transparency in the means employed by the
media to filter their news and holds Internet platforms accountable for the
published content.
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