Truth vs. Free Speech


Southeast Asian governments have been stepping up their efforts to actively manage the truth by combatting false information. Among the main tools are correction orders and state-run “fake news centers” that monitor and “rectify” alleged falsehoods online. In addition, government discourse employs increasingly belligerent language to denounce the perceived threats. The Southeast Asian “war on fake news” thus makes the region the world’s most vibrant laboratory of anti-falsehood legislation. The protection of the truth is becoming an increasingly accepted ground for restricting free speech.

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Norway’s Heureka Moment?


Norwegian elections are usually quite boring. While the government changes between different parties, the party structure has been remarkably stable for more than 80 years. And for decades, constitutional lawyers have been denied juicy electoral scandals. The electoral system runs smoothly without major hiccups. Monday’s local election brought at last a glimmer of excitement for Norwegian constitutional lawyers. Not only did a newly-formed protest movement shake up the traditional party landscape. It also came to light that Norway’s public broadcaster attempted to manipulate students in the non-official school election.

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A Ministry of Truth in Singapore? Reflections on the Anti-Fake News Bill


On 1 April, the government of Singapore introduced the Protection from Online Falsehoods and Manipulation Bill. Often referred to as the Singaporean anti-fake news law, it is expected to be enacted with a few changes in the coming weeks or months. A closer look at the bill’s context, its most powerful elements and its possible regional impact as a model for legislation in other countries reveals that it is most likely to have a chilling effect on freedom of expression.

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Fundamental Rights as Bycatch – Russia’s Anti-Fake News Legislation


On 18 March, following approval by President Putin, Russia’s controversial anti-fake news legislation entered into force. While Russia is not the only state to address the issues of hate speech or fake news with legislative means, its new legislation raises serious constitutional concerns, particularly due to its imprecise and overly broad scope of application.

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A Look behind the Fake News Laws of Southeast Asia


In Southeast Asia, attempts to regulate the fake news phenomenon can be broadly categorized, on the one hand, in cases where fake news laws are conceived at least also as the government’s weapon to silence critics and dissenters, and on the other hand, cases where the discourse is lead more open-ended. Under the first category, Malaysia springs to mind, Cambodia and Vietnam possibly too. Thailand is a somewhat mixed case. Much more open-ended are the fake news discourses in Indonesia, the Philippines and Singapore.

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Shedding Light or Shooting in the Dark – How to define Fake News?


A proposed legislation against the “manipulation of information” is currently under consideration by the French parliament in order to tackle the problem of fake news. A sufficiently precise definition of fake news is a necessary preliminary condition to have a political or legal debate on the issue. The attempts of the French parliament have some significant shortcomings in this regard, but they can serve as a basis to elaborate a better definition.

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DEBATE «Esra, zehn Jahre später»

Ist Breitbart News ein Kunstprojekt?


In gewisser Weise scheint die Esra-Entscheidung zehn Jahre nach ihrer Verkündung schon aus einer anderen Zeit zu stammen. Die Problemlage, der sich das Bundesverfassungsgericht hier zu stellen hatte, unterschied sich nicht grundsätzlich von derjenigen, die dem 30 Jahre zuvor getroffenem Mephisto-Urteil zugrunde lag: Ein klassischer Roman, in dem der Autor persönliche Erlebnisse verarbeitet, stößt auf […]

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