False Speech
Marko Milanovic, Philippa Webb · Oxford University Press eBooks · 2024
Abstract sAlthough prohibitions on false speech have existed for at least 140 years, many laws criminalizing misinformation have been introduced in recent times. States have responded to the rise of social media and its role in spreading false information by introducing laws limiting free speech. And while there are certain circumstances under which false speech can be penalized, lies, alone, should not be the basis for legal sanction. Under international law, state regulation of false speech must comply with individuals’ freedom of expression, and this chapter explores where these lines are drawn in international treaties and human rights jurisprudence. The chapter outlines international standards relating to when false speech can be penalized and makes recommendations as to how the law should be applied or reformed to meet the challenges of ‘truth decay’.