Agramon, Wayne Justine D.
Legally defining fake news to remove it from the Ambit of protected speech / Wayne Justine D. Agramon - Cebu City : University of Cebu, 2018. - iv, 78 leaves : illustrations ;
Thesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2018.
Includes references (leaves 61-68).
Summary: In order to combat the problem of disinformation and misinformation n society bolstered by the digital media age, there has been a growing move to regulate fake news in the Philippines with several bills currently filed in Congress seeking to criminalize the same. The challenge for lawmakers, however, is that fake news is difficult to define as any law seeking to regulate it constitutes as a form of abridgment of free speech. Hence, this stud seeks to propose a legally viable definition of fake news which may be adopted for any legislation seeking to regulate or penalize the same.
This study utilized the qualitative descriptive research method. Data gathering was conducted through literature searches on fake news as well as one-on-one interviews with key points from the media and public officers who are in charge of information dissemination. Content Analysis was used to determine what is fake news. Thereafter, this study formulated a definition of fake news which is tested against the Overbreadth and Void for Vagueness doctrine.
This study not only defined fake news based on content but also includes a specific intent to why it is created , published or disseminated as well as the possible harms or consequences that the government has a right to prevent. The definition is narrow enough so that even id=f it can still be facially challenged, as it is a content-based regulation,it will give the law a semblance of legal viability to resist the challenge.
English
Legally defining fake news to remove it from the Ambit of protected speech / Wayne Justine D. Agramon - Cebu City : University of Cebu, 2018. - iv, 78 leaves : illustrations ;
Thesis (Degree of Juris Doctor)-- University of Cebu- Banilad, 2018.
Includes references (leaves 61-68).
Summary: In order to combat the problem of disinformation and misinformation n society bolstered by the digital media age, there has been a growing move to regulate fake news in the Philippines with several bills currently filed in Congress seeking to criminalize the same. The challenge for lawmakers, however, is that fake news is difficult to define as any law seeking to regulate it constitutes as a form of abridgment of free speech. Hence, this stud seeks to propose a legally viable definition of fake news which may be adopted for any legislation seeking to regulate or penalize the same.
This study utilized the qualitative descriptive research method. Data gathering was conducted through literature searches on fake news as well as one-on-one interviews with key points from the media and public officers who are in charge of information dissemination. Content Analysis was used to determine what is fake news. Thereafter, this study formulated a definition of fake news which is tested against the Overbreadth and Void for Vagueness doctrine.
This study not only defined fake news based on content but also includes a specific intent to why it is created , published or disseminated as well as the possible harms or consequences that the government has a right to prevent. The definition is narrow enough so that even id=f it can still be facially challenged, as it is a content-based regulation,it will give the law a semblance of legal viability to resist the challenge.
English