19 June, 14:30 – 15:30 CEST
Disinformation and freedom of expression are often seen at odds – but addressing the former is essential to protect the latter.
Freedom of expression and disinformation have a fraught relationship. Disinformation is not illegal, at least not ordinarily or without further qualification. But it is widely recognised that disinformation can have harmful effects on individuals, groups, society, and democratic institutions and processes. Those harmful effects can be severe and far-reaching. This begs the question of how to calibrate responses to disinformation that are properly informed by, and consistent with, the right to freedom of expression.
Under the European Convention on Human Rights, States have a positive obligation to ensure a safe and favourable environment for participation in public debate; an environment in which everyone can express themselves freely and without fear, even when their ideas and opinions fly in the face of those espoused by national authorities or mainstream opinion. This positive obligation opens up space for States to protect robust, pluralistic debate against the real harms caused by disinformation. This is a fine, guiding principle, but its operationalisation is anything but straightforward. When is it necessary to restrict disinformation in democratic society? Which measures would be proportionate and effective? And how have the dominance of platforms and the ascendancy of (generative) AI changed the dynamics of public debate online?
This session will explore whether and how various European Union instruments and initiatives, in particular the Digital Services Act, help to shape the safe and favourable environment in practice.
Speaker:
Tarlach McGonagle, Associate Professor and Professor of Media Law & Information Society, Institute for Information Law (IViR), Amsterdam Law School; Leiden Law School
Dr. Tarlach McGonagle is Professor of Media Law & Information Society at Leiden Law School and an associate professor at the Institute for Information Law (IViR) at Amsterdam Law School. He regularly advises and conducts studies and expert drafting work for the Council of Europe, the OSCE and other intergovernmental organisations.
Moderator:
Joe Mcnamee, Senior Policy Expert, EU DisinfoLab
Joe McNamee has been working on topics related to internet regulation for over 20 years. Prior to his current role as Senior Policy Expert at EU DisinfoLab, he worked as policy adviser for a political group in the European Parliament. From 2009 to 2018, he led European Digital Rights, the association of digital civil rights organisations in Europe, working on major topics such as the adoption of the General Data Protection Regulation and the Copyright Directive. Prior to this, Joe worked for a political consultancy specialised in telecommunications and internet policy, where he led three research projects funded by the European Commission. During this time, he also worked on the EU’s E-Commerce (the predecessor to the DSA) and ePrivacy Directives. Joe holds master’s degrees in European Politics and in International Law.
The opinions expressed are those of the speakers/authors and do not necessarily reflect the position of EU DisinfoLab. This webinar does not represent an endorsement by EU DisinfoLab of any organisation.