A principle-based approach to regulating #fakenewsmrleiser
This document summarizes a presentation given by Dr. Mark Leiser on international law and fake news. The presentation covered:
1) Defining fake news and analyzing methods used to spread misinformation.
2) The role of human rights law and principles in regulating fake news while protecting free expression.
3) Future concerns around regulating political advertising, demonetizing fake news sites, and balancing free speech with restricting the sharing of misinformation. The presentation argued for a principled, human-empowering approach to regulation.
Marsden regulating disinformation Brazil 2020Chris Marsden
This document discusses regulatory options for addressing disinformation and summarizes the key points from a seminar on the topic. It defines disinformation and distinguishes it from misinformation. It examines the challenges around regulating online content, including defining hard evidence of harm, determining what media is most influential, and the limitations of using AI/automated tools. It outlines a typology of regulatory approaches and sources that were consulted in the research. Finally, it provides five recommendations for the EU, emphasizing media literacy, human review of automated content moderation, independent appeals of platform decisions, standardizing procedures, and transparency of AI techniques.
Presentation by Christian D'Cunha at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Federica Casarosa at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Damian Tambini at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Bernd Holznagel at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Ula Furgal at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
A principle-based approach to regulating #fakenewsmrleiser
This document summarizes a presentation given by Dr. Mark Leiser on international law and fake news. The presentation covered:
1) Defining fake news and analyzing methods used to spread misinformation.
2) The role of human rights law and principles in regulating fake news while protecting free expression.
3) Future concerns around regulating political advertising, demonetizing fake news sites, and balancing free speech with restricting the sharing of misinformation. The presentation argued for a principled, human-empowering approach to regulation.
Marsden regulating disinformation Brazil 2020Chris Marsden
This document discusses regulatory options for addressing disinformation and summarizes the key points from a seminar on the topic. It defines disinformation and distinguishes it from misinformation. It examines the challenges around regulating online content, including defining hard evidence of harm, determining what media is most influential, and the limitations of using AI/automated tools. It outlines a typology of regulatory approaches and sources that were consulted in the research. Finally, it provides five recommendations for the EU, emphasizing media literacy, human review of automated content moderation, independent appeals of platform decisions, standardizing procedures, and transparency of AI techniques.
Presentation by Christian D'Cunha at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Federica Casarosa at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Damian Tambini at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Bernd Holznagel at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Ula Furgal at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Presentation by Anna Herold at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Oxford Internet Institute 19 Sept 2019: Disinformation – Platform, publisher ...Chris Marsden
The document discusses issues around disinformation and how different actors like platforms, publishers, and public authorities can address problems related to the scale and scope of disinformation. It examines responses from platform, publishers, and policy perspectives. Specifically, it looks at what is known about the scale of disinformation problems and potential actions different actors could take to counter related issues.
Offdata: a prosumer law agency to govern big data in the public interestChris Marsden
Presentation to St Petersburg International Legal Forum 19 May 2016 Track Smart Society4.5. Information Security in the Digital Environment: Limits of Big Data Use http://regulatingcode.blogspot.co.uk/2016/05/offdata-prosumer-law-agency-to-govern.html
Presentation by Gabriela Jacomella at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
SCL Annual Conference 2019: Regulating social media platforms for interoperab...Chris Marsden
This document discusses regulating social media platforms and algorithms through interoperability requirements. It argues that self-regulation by technology companies is not sufficient and can permit issues like algorithmic discrimination. The document examines options for regulation, including:
1. Requiring dominant platforms to provide interoperability through open APIs to allow competitors access to user data and functionality.
2. Learning from regulations of other industries like telecoms that mandate interconnection.
3. Developing ethical standards and impact assessments for algorithms to address issues like bias, but notes these may not be suitable for all cases. Overall it argues a systematic approach is needed to ensure proper oversight and redress for users affected by automated systems.
A presentation by Pier Luigi Parcu on Artificial Intelligence, elections, media pluralism and media freedom at the European Artificial Intelligence Observatory April 2, 2019
he Contract for the Web was created by representatives from over 80 organizations, representing governments, companies and civil society, and sets out commitments to guide digital policy agendas. To achieve the Contract’s goals, governments, companies, civil society and individuals must commit to sustained policy development, advocacy, and implementation of the Contract text.
The document discusses several topics related to freedom and control in virtual worlds. It argues that technology defines what people can and cannot do in virtual spaces. It also discusses how new online communities are forming and changing concepts of privacy and social networks. The document expresses concerns that civil rights need to be redefined for the online world and that fears about security and control could undermine principles of democracy and freedom of expression.
What is citizen lobbying? How to create assertive citizens who can help counter the influence exercised by special interest groups in the policy process? This practical booklet shows few tools and resources useful to undertake a lobbying action by civil society, NGOs and citizens. Make your voice heard!
Police surveillance of social media - do you have a reasonable expectation of...Lilian Edwards
This paper (co-authored with lachlan Urquart of U of Nottingham) discusses if we have any expectations of privacy in content we make public on;line on social media - or can such content be data mined by the police at will? Should any kind of surveillance warrant be required of the police to use such material? has social jmedia become the new panopticon?
This document discusses the importance of transparency in media ownership for democracy. It argues that mandatory reporting requirements are needed to identify the beneficial and ultimate owners of media outlets. Such requirements should apply to broadcast, print, and online media and collect basic information on ownership structure, financial accounts, and interests in other organizations. Media regulators should collect this information and make it publicly available to ensure transparency and prevent undue concentration of media ownership and political influence. Adopting clear rules and standards on ownership transparency is crucial to guarantee media pluralism.
The global protection of intellectual property: in whose interests?blogzilla
The document discusses concerns about the current state of global intellectual property (IP) governance and its impact on access to knowledge and technology. It outlines how IP law has heavily favored right holders in recent decades. However, the Doha declaration and WIPO Development Agenda are seen as steps towards rebalancing IP law to also support public access, particularly for developing countries. The document advocates encouraging these processes to integrate development policy considerations into IP law and WIPO's activities.
- The Chinese internet market has grown rapidly from half a million users in 1997 to over 400 million users currently, making it the largest internet market in the world.
- Google entered the Chinese market in 2005 but pulled out in 2010 due to cyberattacks and censorship issues.
- The document analyzes options for Google going forward, including filing a complaint with the WTO arguing that China's censorship violates its trade commitments.
"Digital.Report+" - expert magazine for ICT policy professionalsVadim Dryganov
This document is the inaugural issue of Digital.Report+, a biannual publication exploring ICT developments in Eurasia and their relationship to political, social, and economic factors. The first issue focuses on debates around internet governance and concerns about the internet's fragmentation due to national security policies. It features several opinion pieces and interviews with experts on issues like internet regulation, cybersecurity, and personal data protection in Russia and other post-Soviet states.
Cyber-enabled Information Operations -- Inglis 04 27-17 -- SASCDavid Sweigert
Chris Inglis testified before the Senate Armed Services Committee about cyber-enabled information operations. He discussed three trends exacerbating the impact of technology: 1) a new geography of the internet transcending physical borders, 2) people increasingly organizing by ideology rather than proximity, and 3) private and state actors seeing cyberspace as a venue for collaboration, competition, and conflict. Any solution must address technology, people, and the procedures binding them, and emphasize collaboration between private and public sectors to improve resilience across borders.
The rapid rise of online political campaigning has made most political financing regulations obsolete, putting transparency and accountability at risk. Seven in 10 countries worldwide do not have any specific limits on online spending on election campaigns, with six out of 10 not having any restrictions on online political advertising at all.
ILS presentation on principles of fake news regulationmrleiser
Dr. Mark Leiser gave a presentation on addressing fake news and deceptive commercial speech. He discussed several regulatory challenges, including differentiating political versus commercial speech and navigating complex regulations like GDPR. Potential solutions proposed included improving interagency cooperation, developing codes of best practice for political advertisers, regulating bots and automation, increasing transparency of political ads, and demonetizing fake news websites by restricting ads. Overall, Dr. Leiser argued that effective regulation is compatible with free expression, but any restrictions must have a pressing social need and accord with democratic values.
This document outlines copyright protections for a multi-media product and its content. It prohibits public performance, display, transmission of images, and preparation of derivative works without permission. The document then provides an excerpt from a textbook about social forces that influence media, including communication policy, economics, technology, cultural values and government. It discusses how these forces shape definitions of public interest and influence media regulation.
This document discusses regulatory options for addressing disinformation. It defines disinformation and distinguishes it from misinformation. It reviews the evidence base around the harms of disinformation and whether policy approaches require hard evidence. It discusses the limitations of using automated technologies like AI to detect and moderate disinformation. It proposes five recommendations, including emphasizing media literacy and user choice, ensuring human review of AI moderation, independent appeals of platform decisions, standardizing notice and appeal procedures, and increasing transparency of platforms' techniques. It raises questions about what specifically should be regulated by platforms versus subject to court oversight, and whether oversight boards or co-regulation is most effective.
Presentation by Anna Herold at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
Oxford Internet Institute 19 Sept 2019: Disinformation – Platform, publisher ...Chris Marsden
The document discusses issues around disinformation and how different actors like platforms, publishers, and public authorities can address problems related to the scale and scope of disinformation. It examines responses from platform, publishers, and policy perspectives. Specifically, it looks at what is known about the scale of disinformation problems and potential actions different actors could take to counter related issues.
Offdata: a prosumer law agency to govern big data in the public interestChris Marsden
Presentation to St Petersburg International Legal Forum 19 May 2016 Track Smart Society4.5. Information Security in the Digital Environment: Limits of Big Data Use http://regulatingcode.blogspot.co.uk/2016/05/offdata-prosumer-law-agency-to-govern.html
Presentation by Gabriela Jacomella at the 2019 CMPF Summer School for Journalists and Media Practitioners - Covering Political Campaigns in the Age of Data, Algorithms & Artificial Intelligence
SCL Annual Conference 2019: Regulating social media platforms for interoperab...Chris Marsden
This document discusses regulating social media platforms and algorithms through interoperability requirements. It argues that self-regulation by technology companies is not sufficient and can permit issues like algorithmic discrimination. The document examines options for regulation, including:
1. Requiring dominant platforms to provide interoperability through open APIs to allow competitors access to user data and functionality.
2. Learning from regulations of other industries like telecoms that mandate interconnection.
3. Developing ethical standards and impact assessments for algorithms to address issues like bias, but notes these may not be suitable for all cases. Overall it argues a systematic approach is needed to ensure proper oversight and redress for users affected by automated systems.
A presentation by Pier Luigi Parcu on Artificial Intelligence, elections, media pluralism and media freedom at the European Artificial Intelligence Observatory April 2, 2019
he Contract for the Web was created by representatives from over 80 organizations, representing governments, companies and civil society, and sets out commitments to guide digital policy agendas. To achieve the Contract’s goals, governments, companies, civil society and individuals must commit to sustained policy development, advocacy, and implementation of the Contract text.
The document discusses several topics related to freedom and control in virtual worlds. It argues that technology defines what people can and cannot do in virtual spaces. It also discusses how new online communities are forming and changing concepts of privacy and social networks. The document expresses concerns that civil rights need to be redefined for the online world and that fears about security and control could undermine principles of democracy and freedom of expression.
What is citizen lobbying? How to create assertive citizens who can help counter the influence exercised by special interest groups in the policy process? This practical booklet shows few tools and resources useful to undertake a lobbying action by civil society, NGOs and citizens. Make your voice heard!
Police surveillance of social media - do you have a reasonable expectation of...Lilian Edwards
This paper (co-authored with lachlan Urquart of U of Nottingham) discusses if we have any expectations of privacy in content we make public on;line on social media - or can such content be data mined by the police at will? Should any kind of surveillance warrant be required of the police to use such material? has social jmedia become the new panopticon?
This document discusses the importance of transparency in media ownership for democracy. It argues that mandatory reporting requirements are needed to identify the beneficial and ultimate owners of media outlets. Such requirements should apply to broadcast, print, and online media and collect basic information on ownership structure, financial accounts, and interests in other organizations. Media regulators should collect this information and make it publicly available to ensure transparency and prevent undue concentration of media ownership and political influence. Adopting clear rules and standards on ownership transparency is crucial to guarantee media pluralism.
The global protection of intellectual property: in whose interests?blogzilla
The document discusses concerns about the current state of global intellectual property (IP) governance and its impact on access to knowledge and technology. It outlines how IP law has heavily favored right holders in recent decades. However, the Doha declaration and WIPO Development Agenda are seen as steps towards rebalancing IP law to also support public access, particularly for developing countries. The document advocates encouraging these processes to integrate development policy considerations into IP law and WIPO's activities.
- The Chinese internet market has grown rapidly from half a million users in 1997 to over 400 million users currently, making it the largest internet market in the world.
- Google entered the Chinese market in 2005 but pulled out in 2010 due to cyberattacks and censorship issues.
- The document analyzes options for Google going forward, including filing a complaint with the WTO arguing that China's censorship violates its trade commitments.
"Digital.Report+" - expert magazine for ICT policy professionalsVadim Dryganov
This document is the inaugural issue of Digital.Report+, a biannual publication exploring ICT developments in Eurasia and their relationship to political, social, and economic factors. The first issue focuses on debates around internet governance and concerns about the internet's fragmentation due to national security policies. It features several opinion pieces and interviews with experts on issues like internet regulation, cybersecurity, and personal data protection in Russia and other post-Soviet states.
Cyber-enabled Information Operations -- Inglis 04 27-17 -- SASCDavid Sweigert
Chris Inglis testified before the Senate Armed Services Committee about cyber-enabled information operations. He discussed three trends exacerbating the impact of technology: 1) a new geography of the internet transcending physical borders, 2) people increasingly organizing by ideology rather than proximity, and 3) private and state actors seeing cyberspace as a venue for collaboration, competition, and conflict. Any solution must address technology, people, and the procedures binding them, and emphasize collaboration between private and public sectors to improve resilience across borders.
The rapid rise of online political campaigning has made most political financing regulations obsolete, putting transparency and accountability at risk. Seven in 10 countries worldwide do not have any specific limits on online spending on election campaigns, with six out of 10 not having any restrictions on online political advertising at all.
ILS presentation on principles of fake news regulationmrleiser
Dr. Mark Leiser gave a presentation on addressing fake news and deceptive commercial speech. He discussed several regulatory challenges, including differentiating political versus commercial speech and navigating complex regulations like GDPR. Potential solutions proposed included improving interagency cooperation, developing codes of best practice for political advertisers, regulating bots and automation, increasing transparency of political ads, and demonetizing fake news websites by restricting ads. Overall, Dr. Leiser argued that effective regulation is compatible with free expression, but any restrictions must have a pressing social need and accord with democratic values.
This document outlines copyright protections for a multi-media product and its content. It prohibits public performance, display, transmission of images, and preparation of derivative works without permission. The document then provides an excerpt from a textbook about social forces that influence media, including communication policy, economics, technology, cultural values and government. It discusses how these forces shape definitions of public interest and influence media regulation.
This document discusses regulatory options for addressing disinformation. It defines disinformation and distinguishes it from misinformation. It reviews the evidence base around the harms of disinformation and whether policy approaches require hard evidence. It discusses the limitations of using automated technologies like AI to detect and moderate disinformation. It proposes five recommendations, including emphasizing media literacy and user choice, ensuring human review of AI moderation, independent appeals of platform decisions, standardizing notice and appeal procedures, and increasing transparency of platforms' techniques. It raises questions about what specifically should be regulated by platforms versus subject to court oversight, and whether oversight boards or co-regulation is most effective.
Netz dg 2019_jakarta-kuliah umum prof. wolfgangID IGF
Presentasi Kuliah umum oleh Prof. Wolfgang Schulz. Mengenai Hoax dan ujaran kebencian dan bertukar pengalaman pada apa yang telah dilakukan German dengan UU penggunaan Media Sosial (NetzDG), serta penanganan hoax di Jerman.
Article 10 of the European Convention on Human Rights provides for the right to freedom of expression. It protects the right to receive and impart information and ideas without interference from public authorities. Freedom of expression is a qualified right and can be subject to restrictions to protect national security, public safety, or the rights of others.
Prior to the Human Rights Act 1998, freedom of expression had an uncertain status in UK law, though some aspects like speech in Parliament were protected. The Act incorporated the ECHR, including Article 10, into domestic law. Now Article 10 has been instrumental in allowing greater media access to courts and limiting unnecessary censorship. However, balancing freedom of expression with other rights like privacy remains an ongoing challenge.
This document summarizes a report by the UN Special Rapporteur on the right to freedom of opinion and expression regarding targeted digital surveillance. The report finds that targeted surveillance of journalists, activists and critics by governments has led to human rights violations like arbitrary detention and even extrajudicial killings. It proposes regulations for the private surveillance industry to help protect human rights and calls for a moratorium on the global sale of surveillance tools until proper safeguards are in place.
The document discusses balancing the free flow of information, freedom of expression, and privacy in trade agreements like the Trans-Pacific Partnership. While facilitating communication and trade has benefits, these agreements could impact human rights by deciding complex issues around these topics in closed trade negotiations instead of through open democratic processes. Countries should be able to set their own privacy laws and not have them challenged as trade barriers in trade agreements.
Karen Kasold: Media Globalization And Inequalitymerlyna
The document discusses several topics related to media globalization and inequality, including how mass media can damage public discourse, the rise of perception management techniques, debates around new international information orders, threats to a global public sphere, and issues of market-driven media and ensuring access to communication for all. It examines the power of elites over media institutions and outlines principles in the People's Communication Charter to transform global communications and protect rights.
The Digital Services Act - soon in your countryKirsten Fiedler
The Digital Services Act aims to create uniform rules for digital services across the EU. It establishes tiered obligations for intermediary services, hosting services, online platforms, and very large online platforms. It aims to make the internet safer, combat disinformation, and address the impact of platforms. Very large platforms will face additional requirements like risk assessments, recommender system transparency, and data access for researchers. Enforcement will be coordinated by national Digital Services Coordinators and the EU Commission can impose fines up to 6% of global revenue on very large platforms.
Marsden Disinformation Algorithms #IGF2019 Chris Marsden
Self-regulation
- Platforms set own standards and policies
- No independent oversight
- Transparency and accountability limited
1 Notice and transparency
Co-regulation
- Standardised notice and transparency procedures
- Multi-stakeholder body for oversight and appeals
- Platforms retain control over content policies
2 Content policy standards
Co-regulation
- Multi-stakeholder body sets baseline content standards
- Platforms implement own policies within standards
- Independent oversight and appeals body
3 Independent appeals body
Co-regulation
- Multi-stakeholder body oversees appeals on content decisions
- Platforms implement own policies and processes
- Strong independent oversight and accountability
4 Mandatory
This document provides an overview of a lesson on access to information. The lesson objectives are to understand access to information as a human rights issue, how it supports democratic governance and poverty reduction efforts. It will also discuss UNDP's approach, which focuses on enhancing both the supply of and demand for information, and specific programming areas. The topics within the lesson will cover trends, concepts and issues relating to access to information and how it can strengthen development processes.
This document discusses various laws and regulations pertaining to social media. It begins by noting that individuals can be held liable under the laws of the country they post in. It then discusses protections for internet service providers from liability, as well as increasing legal cases involving Facebook, Twitter, and freedom of speech. Examples of cases like Tatro v. University of Minnesota are provided. Regulations around terms of service for platforms like Facebook and emerging issues on Twitter are also summarized. The document then discusses international social media laws and censorship in countries like China, as well as international cyber crime laws. It concludes by examining prior restraint laws and terrorism, guidelines for prosecution of social media cases in the UK, and indecency laws in the US.
This document discusses various laws and regulations pertaining to social media. It begins by noting that individuals can be held liable under the laws of the country they post in. It then discusses protections for internet service providers from liability, as well as increasing legal cases involving Facebook, Twitter, and freedom of speech. Examples are provided of cases involving social media posts. The document also discusses international differences in social media laws and regulations, as well as guidelines around prosecuting cases involving social media in the UK and US laws around internet indecency.
The power point presentation of the lecture held by Professor Giovanni Maria Riccio on "Social Networks and Civil Liability" at the International Summer School on Cyber Law which took place in Moscow June 30 - July 4, 2014.
Time to slow down? Measured respondes to the fake news crisismrleiser
A copy of my slides from the annual law and technlogy conference BILETA (British, Irish, Law, Education, and Technology Association) From 2018 in Aberdeen, Scotland
CT provides political and communications intelligence to help corporations and governments make better, faster decisions. They got their start developing the first data-based political strategy in EU politics. CT uses the latest technologies like machine learning, network analysis, and microtargeting to create holistic strategies. This allows them to understand issues better and design more effective communication strategies. CT helps organizations leverage real-time data to increase their "knowledge liquidity" and ability to act on information faster. Their approach focuses on understanding audiences through segmentation to avoid irrelevant content and target messages more effectively.
A group presentation addressing an ethical issue, key stakeholders, potential courses of action, and how they relate to philosophical ideas. This shows that I have the foundation to analyze ethical issues and can logically consider consequences.
Note: This presentation does not reflect the views of my employer or those of any other entity. This presentation was created in collaboration with classmates at the Annenberg Oxford Summer Institute on Global Media and Technology Policy. This group activity reflects my personal input and perspectives only. - Heather Blanchard
The document discusses concerns about provisions in the Trans-Pacific Partnership Agreement regarding internet intermediary liability and restrictions on the free flow of online information. It notes that while free flow of information has economic benefits, it is also linked to complex issues of privacy, political considerations, and human rights that may not be best addressed in closed-door trade negotiations. The document advocates for balancing free expression with privacy protections, and ensuring any international framework respects sovereign countries' privacy laws and principles of informed consent.
The document discusses concerns about provisions in the Trans-Pacific Partnership (TPP) agreement regarding internet intermediary liability and restrictions on the free flow of online information. It notes that while free flow of information has economic benefits, it is also linked to complex issues of privacy, censorship, and other sociopolitical considerations that may not be best addressed in closed-door trade negotiations. The document argues that privacy is a fundamental human right that should not be compromised, and that trade agreements should not be used to challenge legitimate privacy laws.
Similar to "A principle based approach to regulating fake news" (20)
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Receivership and liquidation Accounts Prof. Oyedokun.pptx
"A principle based approach to regulating fake news"
1. Dr Mark Leiser FHEA FRSA
Assistant Professor
eLaw – Center for Law and DigitalTechnologies
Leiden University
University of Malta
21 Feb 18h30-19h30 Public lecture
2. I. Researching the problem
II. Defining Fake News
III. Analyse the methods
IV.The role of human rights
V.Principle-based approach
VI.Future Concerns
4. Can we come up with a working definition?
Tambini: define ‘fake news’ by identifying the beneficiaries:
▪ New populists: undermine legitimate opposition, resist fourth estate accountability.
▪ Historical losers: Political actors claim that result only happened due to misinformation
▪ Some say those on the wrong end of an outcome say results are not legitimate.
▪ Legacy media: “mainstream media” want to discredit ‘wisdom of crowds’; aim for a return to
trusted news brands
D’Ancona: “the deliberate presentation of falsehood as fact”; Leiser: def doesn’t include
news
EC’s High Level Group on fake news and online disinformation: drops ‘fake news’ and
refers to ‘online manipulation’
▪ Micro-targeted, managed-content display presented as most relevant for individual; is determined
in order to maximise revenue for the platform; Leiser: focuses on the system, too broad.
Leiser: “Deceptive form of authentic-looking media, publishing or advertising that seeks
to take advantage of our cognitive biases and errors in judgement to advance a
commercial or political agenda.Content creator does not submit to media regulation
5. Threat to quality/reliability of information in circulation
Matters of public interest/infosphere
Limited content in traditional press/media
▪ Everything from peer review in academia to editorial judgments in broadcast, press
Acted to ensure some qualitative boundaries, especially on statements of fact
Media vs Platforms:
Media and Platforms interlinked but…
▪ UK: self-regulation via Independent Press StandardsOrganization; IMPRESS: statutory regulation through Ofcom and Communications Act 2003.
▪ System ensures “best-attempt” in ensuring accuracy; with requirements to correct “inaccuracy”
▪ “Expression Paradox”: Submit to legal frameworks for media duties, responsibility; gain highest protection underArticle X
Platforms:
▪ Business models designed to distribute stories after qualitative assessment about a news article based on popularity(within certain groups)
▪ Not accuracy/based on fact or evidence or logical reasoning
Limited attention spans/overload prevent discriminating between messages at:
▪ Individual level
▪ System level
11. Organic introduction by users into FB eco-
system
PsychometricTesting &TargetedAdvertising
Sponsored advertisements and ‘dark posts’
Automated and algorithmic dissemination
Popular onTwitter via bots simple, ML using
botnets
Dissemination via Facebook Group/Pages
Custom audiences,A/B testing
Deep Fakes &WhatsApp
11
12. 50-60% of all traffic onTwitter is estimated to be bots
15% of all US twitter accounts are actually bots
13. Political Speech
Organic, holistic, individualized
▪ Users “sharing user generated content” via platforms like Facebook andTwitter
Commercial Speech
Dark Posts (psychometric profiling and targeted advertising)
#FakeNews sites powered by GoogleAdSense and paid-for advertising
PoliticalAdvertising (paid for advertisements delivered to custom audiences
that link to a #fakenews website or a political nature)
Hybrid Speech
Commercial Speech masquerading as political speech
Is it speech at all?
Machine speech (bots, botnets, automation, machine-learning)
▪ Applies to commercial and political speech
13
14. Do human rights protect those wishing to disseminate all methods of
disseminating fake news?
Does Article 10(1) protect the methods associated with the
Applying the principle of subsidiarity, who is responsible for regulating fake news?
▪ At system level?
▪ At individual level?
Are platforms, providing means of transport for speech bits, without exercising any
editing function, simply exercising preferences exhibited by its users?
▪ Can "algorithmic outputs" claim protection?
▪ I.e. Should non-human or “automated transmissions” be treated as speech?
▪ “Fact that algorithm is involved does not mean that a machine is doing the talking”
14
15. Historical regulation of fake news
▪ Old: “None be so hardy to tell or publish any false news or tales, whereby discord, or occasion oof discord or slander
may grow between the King and his people, or the great men of the Realm” – First Statute of Westminster (1275)
▪ New: Criminal offence to publish a false statement about character or conduct of an election candidate in order to
(negatively) affect how many votes that person will/might get
▪ Section 106, Representation of the PeoplesAct 1983:
▪ Law is not specifically or solely aimed at the press/media, and usually involves a claim against opposition
candidate
▪ Offence not to include an “imprint” (identification) on election material printed in a newspaper or periodical.
Electoral Commission fined Mr LaurenceTaylorGBP 4,000 for failing to include the proper
identification details on advertisement he placed during the regulated period (15 April to 23 June) for
the EU referendum
Ofcom (UK’s Broadcast Regulator) and the Advertisement Standards Agency (ASA)
cannot stop online advertising during campaigns because outwith remit
Electoral Commission (DCMS – “not fit for purpose”
16. Methods-based approach
Data Protection
▪ Regulates the system of advertising processes used on social media
Free Expression
▪ Regulation of Commercial Speech
▪ Political Advertising regulation requires financial transparency
▪ Domain Name Registration (Registrar and Registries including contractual terms and conditions)
▪ Regulation of Political Speech
▪ Complex and controversial, but not impossible
▪ Criminal Law: Defamation (where applicable) and Fraud
FinancialTransparency
▪ Psychometric & targeted advertising, Google AdSense)
Principle of subsidiarity - In areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the
objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local
level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.”
16
17. 1st Amendment to the US Constitution
Majoritarian beliefs in the marketplace of ideas
Article 10 ECHR –Qualified Right to free expression
Objective approach judges speech on contribution to
society & protects speech if and insofar it contributes to
finding the best ideas in the marketplace
Article 19 of the International Covenant on Civil and Political Rights
(ICCPR)
Article 11 of the Charter of Fundamental Rights of the EU (CFR)
Article 20 ICCPR on propaganda for war & forms of hatred that
constitutes an incitement to discrimination, hostility, or violence
17
18. Article 10(1) “Everyone has the right to free expression”
“Freedom of expression constitutes essential foundation of a democratic society”
“Free elections and free expression, particularly freedom of political debate, together
form the bedrock of any democratic system”
▪ Lingens v Austria (app. No 9815/82); Stensaas v Norway (app. No 21980/93); Axel Springer v Germany
‘Expression Deal’: “Media given editorial responsibility for content ensuring
responsible, quality controls in exchange for significant freedom when reporting
matters of public concern”
Article 10(2) Contextual “duties and responsibilities”
MS permitted to legislate, subject to proportional “formalities, conditions, restrictions
or penalties are as prescribed by law and are necessary in a democratic society”
▪ “Particularly important in the period preceding an election that opinions and information of all kinds
are permitted to circulate freely” – Bowman v UK, Para. 40 .18
19. Article 10(1) protects the act of deceptive speech, while 10(2)
contextualizes regulation of speech actors
Facilitates just outcomes in the face of competing general interests
Margin of Appreciation to regulate actors when “prescribed by law”
▪ Inflammatory racist or false terrorist threats
▪ Curtailment of private rights
▪ Harm to consumers through misleading advertising
▪ Risk of false conviction
Nb defamatory speech is not protected speech
Freedom of speech, not freedom to reach
19
20. Four Characteristics associated with speech
▪ Personhood
▪ “Humanness”
▪ Cognizance
▪ Expressiveness
US approach has shifted from humanness towards protecting rights of entities w/ personhood
Is machine speech output in scope of 1st Amendment?
Full arsenal of rules, principles, standards, distinctions, presumptions, tools, factors, tests becomes
available to determine whether particular speech will be protected
Protection flows alongside natural technological developments
Video games and search engine results protected under 1st Amendment
▪ ACLU v Reno 521 US 844 (1997); Zhang v Baidu.Com Inc 10 F. Supp 3d 433
Wu: “Like a book, canvas or pamphlet, the program is the medium the author uses to communicate his
ideas to the world…”
20
21. 21
Effective regulation and Free Expression not incompatible
Enhanced protection under Article 10 ECHR, Article 11 EU’s ChFR
Qualifications: Interference is necessary in a democratic society. ... pressing social need
must accord with the requirements of a democratic society.
Simple choices about content amplification can suppress minority speech
Perspective matters: “Ofcom: only the young use the net”.
Younger people – Internet dominant source of news;
Older people (more likely to vote) - Still get their news fromTV.
Regulating machine speech (bots, botnets, scripts, automation)
Interagency cooperation including organizations responsible for the state’s cybersecurity to
develop frameworks for preventing, disrupting and investigation of the propagation of
computational propaganda and disinformation
▪ 10M tweets from 700KTwitter accounts that linked to more than 600 misinformation &
conspiracy news outlets
Regulating political advertising during sensitive periods
Social media analysis and network mapping to model the creator’s intention, the potential
responsibility for the intentional (or reckless) facilitation of deception by the propagator.
“To place certain restrictions, of a
type which would not usually be
acceptable, on freedom of
expression” in order to secure the
“free expression of the opinion of
the people in the choice of the
legislature” –
Bowman v the United Kingdom
App no 24839/94 (ECtHR, 19
February 1998)
22. 22
Demonetize #fakenews websites
‘Follow the money’ approach to disrupting economic incentives
▪ Technical measures that preventGoogle Ads visibility on #fakenews websites
Note: Platforms already decide what content is permitted
▪ Google/FB policies state they will restrict ad serving on websites that misrepresent content or use “deceptive and
misleading content”
Transparency for Advertising
Public repositories for political advertisements
▪ Metadata with a full documentary account of the ad, who purchased it, the associated landing page,
targeting campaign, etc.
▪ All metadata associated with a political advertisement should be downloadable in machine readable
language, stimulating economic growth by creating markets for competing campaign
Prescribed Periods
▪ Licensing regime implemented by Election Regulator in conjunction with the security services, inter-
agency cooperation
▪ Electoral regulators to mandate platforms like Google AdSense hold all advertising revenue during any
sensitive periods to allow content to be reviewed and critiqued by stakeholders, with advertising
revenue withheld for violating Codes of Conduct
With a combined market share of
63.1% of the US digital ad
market, Facebook’s Audience
Network and Google’s AdSense
play a major role in deciding
what content will or will not be
monetized
23. 23
Protection of free expression, access to information, elections free from interference
Committee for Standards in Public Life: “seek to agree in association with the advertising industry, a code of
best practice for political advertising in non-broadcast media” Ignored…
Codes of Best
Practice
Platforms
Codes of
Conduct
Political Parties,
Advertisers
Data Analytics, etc.
Guidance for micro, small &
medium-sized
stakeholders.
Ethics
CoBP ensure procedural
legitimacy, regulatory
oversight, complaint
mechanisms, etc.
Transparency
Accountability
Fairness
24. Protect the marketplace of ideas from emotional triggers
Enhanced prescribed periods for democratic events
Leiser: “Freedom of Speech, not freedom to reach”
Remove the share button
24
25. 25
Problem with terminology?
Should we move away from using the term, #FakeNews, and go back to deceptive content?
26. 26
?
?
?
??
?
?
? ?
Thank you for your attention!
Or contact me later: m.r.leiser@law.leidenuniv.nl
Twitter: @mleiser
Editor's Notes
Jowett and O'Donnell: Twitter essentially combines the oral tradition of spreading propaganda with new electronic means of dissemination; New populists: Historical losers: Legacy media: Interestingly, mainstream media are the ones screaming from the hilltops that intermediaries (mainly Facebook and Google) are media, and with none of the obligations that traditional media have taken on, they are acting irresponsible by allowing fake news to spread so easily across their platforms. Accordingly, they should be regulated as such, and recoup lost ad revenue.
In matters of public interest, fake news is a threat to the public interest and the infosphere; traditional Media forced to operate under the ‘’expression paradox”.