‘Fake news’ and online disinformation: Case study – Belgium external link

2018

Abstract

This case study provides an overview of the ‘fake news’ phenomenon in Belgium. In light of the 2018 Reuters Report, it starts by sketching the present media landscape in Belgium. It then enquires whether Belgians are concerned about ‘fake news’; what their level of trust is in the media; which media sources are favoured by them, and what their level of media literacy is. After analysing these facts and figures, the emergence of ‘fake news’, through foreign political events, is discussed. Different examples of Belgian ‘fake news’ are then presented, which range from ‘hoaxes’ to misleading and inaccurate news articles stemming from qualified journalists. By means of these examples, the ambiguities of the term ‘fake news’, as an umbrella term to cover a wide variety of content, are explained. Given the vagueness of the term, it is submitted that ‘disinformation’ is a more appropriate term to use. Having regard to the possible impact of this type of ‘news’ on democracy, this case study strives to shed light on Belgian politicians and their relation with ‘fake news’. By means of examples, the author argues that they increasingly use the term ‘fake news’ to discredit news media. Moreover, they tend to by-pass traditional media, through their social media accounts, thereby contributing to the emergence of ‘fake news’. The lack of editorial oversight on social media allows for false messages to be spread. In order to propose measures to counter ‘fake news’ in Belgium, the case study provides an overview of different responses that have already been put in place. Besides responses at the EU level (including the Council of Europe), the overview includes governmental responses, news media responses, civil society responses and responses stemming from collaborations with IT companies. Taking account of these measures, various recommendations are proposed in the Conclusion. It is argued that both short and long-term actions should be developed. Having regard to the forthcoming Belgian elections, the former would be necessary and should, inter alia, aim to enhance the transparency of social media platforms. Regarding the latter, it is argued that media literacy measures should be further built upon.

België, case study, disinformation, Fake news, Journalism, Media law

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How independent are you really? Updating the INDIREG methodology for future assessments of media regulators’ independence: Workshop report external link

frontpage, medialaw

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International Intellectual Property’s Institutional Problem external link

Kluwer Copyright Blog, 2018

frontpage, Intellectual property

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HEKS’NKAAS at the CJEU: the end of a cheese-war or the beginning of a new copyright era? external link

Kluwer Copyright Blog, 2018

Copyright, frontpage, originaliteit

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Beyond the filter bubble: concepts, myths, evidence and issues for future debates external link

Möller, J. & Helberger, N.
2018

Abstract

In recent years, we have been witnessing a fundamental shift in the form how news and current affairs are disseminated and mediated. Due to the exponential increase in available content online and technological development in the field of recommendation systems, more and more citizens are informing themselves through customized and curated sources, while turning away from mass-mediated information sources like TV news and newspapers. Algorithmic recommendation systems provide news users with tools to navigate the information overload and identify important and relevant information. They do so by performing a task that was once a key part of the journalistic profession: keeping the gates. In a way, news recommendation algorithm can create highly individualized gates, through which only information and news fit that serves the user best. In theory, this is a great achievement that can make news exposure more efficient and interesting. In practice, there are many pitfalls when the power to select what we hear from the news shifts from professional editorial boards that select the news according to professional standards to opaque algorithms who are reigned by their own logic, the logic of advertisers or consumes personal preferences.

filter bubbles, Journalistiek, Mediarecht

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The independence and functioning of the regulatory authority for electronic media in Serbia, Study commissioned by the Council of Europe, Amsterdam/Brussels/Budapest/Belgrade, 2017. external link

Irion, K., Ledger, M. & Svensson, S.
2017

Abstract

This study carries out an independent assessment of the Regulatory Authority for Electronic Media (REM) of Serbia. The scope of the study is to apply the INDIREG methodology to the REM and provide contextual interpretation of the results with policy recommendations. This study has been commissioned by the Council of Europe, on the request of REM, in the framework of the Project “Reinforcing Judicial Expertise on Freedom of Expression and the Media in South-East Europe (JUFREX)”. REM, seated in Belgrade, is caught and operates in a challenging context: media markets in Serbia are highly saturated and government grants are awarded to selective private media. There is low upfront compliance with programme and advertisements rules as well as an overall squeeze on quality content and the accountability function of the media. Lacking the optimal support of the parliament and being sidelined by the Ministry on Culture and Information can damage the effective functioning of the independent regulator. REM in this situation appears to retreat to overly formalistic (law-abiding) activities without necessarily being effective in regulating the Serbian electronic and audiovisual media. Many stakeholders from the media sector do not perceive of REM as an authority pointing to a lack of enforcement or the deflection of responsibility which has undermined its public credibility. The study concludes with a set of recommendation how to address these challenges.

AVMS Directive, frontpage, independence, INDIREG, media, Regulation

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Inventarisatie methodes om “nepnieuws” tegen te gaan external link

McGonagle, T., Coche, E., Plaizier, C. & Klus, M.
2018

Abstract

“Nepnieuws” heeft de laatste tijd veel aandacht gekregen in de media en in het politieke debat. Tegen deze achtergrond en in het licht van de potentiële bedreigingen van “nepnieuws” voor de Nederlandse samenleving is de opdracht voor deze studie gegeven door het ministerie van Onderwijs, Cultuur en Wetenschap. Het doel van dit rapport is om een update te geven over de stand van zaken met betrekking tot het onderwerp “methodes om de verspreiding van nepnieuws tegen te gaan”. Het rapport beantwoordt de volgende vragen: Welke methodes zijn er internationaal bekend om nepnieuws tegen te gaan? Wat is bekend over de effectiviteit van deze methodes? Welke kwalificaties kunnen gemaakt worden over de toepasbaarheid en relevantie van deze onderzoeksresultaten voor de Nederlandse context?

Fake news, frontpage, inventarisatie, Journalistiek, Mediarecht, methodes, nieuws

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Intellectual property before the European Court of Human Rights

Geiger, C. & Izyumenko, E.
Intellectual Property and the Judiciary, Edward Elgar Publishing, 2018, ISBN: 9781788113076

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Open Journalism: The Road Travelled and the Road Ahead external link

McGonagle, T., Fahy, R., Kostić, B., Klus, M., Plaizier, C. & Hanhart, M.
2018

frontpage, Journalism, Media law

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Public Security Exception in the Area of non-personal Data in the European Union, Briefing Requested by the IMCO committee Policy, European Parliament, Brussels, April 2018 external link

Briefing requested by the IMCO committee, num: PE 618.986, 2018

Abstract

Mid-September last year the European Commission presented a proposal for a new regulation on the free flow of non-personal data in the European Union. The free movement of data in the digital single market has been called the fifth freedom complementing the existing freedoms on movement of goods, services, capital and people. The proposed regulation seeks to remove unjustified data localisation measures that fall in the scope of EU law. Often this will amount to cutting bureaucratic red tape in the private sector, such as for example removing a domestic obligation to maintain a full copy of bookkeeping on premise of an organisation in a given Member State. Member States can justify an activity that contravenes this proposal on grounds of public security - an exception this briefing is tasked with analyzing. The briefing concludes that the fifth freedom would have a moderate impact for the European data economy. The author offers concrete guidance to the EU legislator how to improve the draft regulation in order to preserve the freedom of contract. The public security exception foreseen could be too narrow because it precludes member states to take measures that can be justified on grounds of public policy or the protection of health and life of humans, animals or plants. Drawing on the analogy with fire safety regulations in the member states it would be too early to preclude that in the future we will need local mirrors and handles. Locality continues to matter for example in the Internet of Things environment because as individuals we live in a physical place.

data embassy, data flow, EU law, frontpage, national security exception, non-personal data

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