Misinformation in Referenda

Description

The book identifies the impact of misinformation in the context of referenda. While the notion of misinformation is at the centre of current events and is the subject of several studies, it has rarely been addressed in the context of referenda or from a multidisciplinary and comparative perspective. This book fills this gap. Different legal orders have been chosen because of their extensive referendum practices (California and Switzerland); a recent legislative process on the issue of misinformation (Germany, France, and Canada); or recent experience with a vote during which it was considered that false information had been disseminated (Brexit, Catalan independence, and Italian constitutional referendum of 2016). By bringing together authors from the political and legal sciences, the book focuses on combining the expertise of researchers from different backgrounds and origins in order to propose innovative solutions. In this regard, the book is characterized by the fact that it does not aim to combat misinformation per se, but develops suggestions meant to guarantee the conditions of formation of the political will during referenda. The book will be an invaluable resource for legal scholars, political scientists, and specialists of political communication. Outside the world of academia, the book may draw the attention of policy-makers, practitioners, and journalists confronted with the challenges of misinformation or disinformation. Cover Half Title Title Page Copyright Page Table of Contents List of Contributors Acknowledgements Misinformation in referenda: An introduction to the volume Defining misinformation Misinforming by the statement that is completely lacking Misinformation and democracy This volume Part I Part II Part III References Part I Misinformation disorder, misuse of statistics, and fact-checking Chapter 1 Sincerity in politics: How much is too much? Introduction Conceptual framework The first limitation Kant on lies The second limitation Justifying the unjustifiable The third limitation A right to be lied to? Conclusion References Chapter 2 Why informed opinions matter for democracy and why misinformation should not be underestimated in referendum processes Introduction How truth matters in democracy How information matters in democracy The spectrum of information disorder Conclusion References Chapter 3 The (mis)use of statistics in referendum votes Introduction The value of information in (direct) democracy The (mis)use of statistics in direct-democratic campaigns Empirical approach Empirical illustration Conclusion References Chapter 4 Fact-checking direct democracy: When journalists set out to correct misinformation Introduction The emergence of the fact-checking movement State of the art Case selection and data Empirical analysis Conclusion References Part II Judicial remedies Chapter 5 Judicial remedies in a comparative perspective Definition of misinformation What are judicial remedies? Existing judicial remedies against referendum procedures and misinformation European best practices New regulation approaches Freedom of expression as a red line References Chapter 6 Direct democracy, misinformation, and judicial review in the United States Introduction: direct democracy in the United States Direct democracy in the Supreme Court of the United States California: a case study in how direct democracy works at the state level Judicial review in California: a case study Conclusion: voters, information, and direct democracy in the United States References Chapter 7 Judicial remedies in Switzerland Introduction Misinformation from public authorities and officials Misinformation from private organizations and individuals Conclusion References Chapter 8 Securing rational discourse surrounding referenda in Germany Introduction Terminology: misinformation and disinformation Objective: rational discourse Requirements for referenda in Germany Federal level Level of the federal states and municipalities Ensuring rational discourse in referenda in Germany The Basic Law and state constitutions (overarching principles) No fundamental rights protection for misinformation and disinformation Freedom of choice Legal provisions concerning referenda (state laws) Background information on the subject of the referendum Impermissible influencing of referenda Sanctions and consequences of infringements Securing rational discourse in the media and especially online Role of the media and private actors in referenda Compliance with journalistic standards Political advertising Prohibition of hate communication Hate communication and its connection to the spreading of false information The Network Enforcement Act Conclusion References Part III Evolution of regulation Chapter 9 Online disinformation and freedom of expression in the democratic context: The European and Italian responses Introduction Defining the object: why “disinformation”? Defining the problem Disinformation in electoral processes and specificities of referenda Tackling disinformation practices v. upholding freedom of expression The US perspective The European perspective Freedom of expression in the electoral context Legislators’ responses The Italian referendum case Conclusion References Chapter 10 Tackling misinformation in referendums: Lessons from anglophone democracies Characterizing misinformation Confronting misinformation Promoting high-quality information Conclusion: the importance of thinking big References Chapter 11 How to define misinformation: The French attempt The French statutory definition The shortcomings of the French definition A better definition for the world References Chapter 12 The guarantee of political rights in view of misinformation: Is new regulation needed for Swiss referenda? Introduction Quality of the political discourse and education Misinformation from public authorities Misinformation from private actors Conclusion References Chapter 13 From veracity to traceability: A new Canadian legal framework for deliberative referenda The new forms and faces of “disinformation” The challenges of the Canadian legislative framework Priority reforms for better protection of democratic deliberation Conclusion References Chapter 14 All fake? Information disorders and the 2017 referendum in Catalonia Introduction Secessionism and the polarization of Catalan society and politics Uncertainty and information disorders in the 2017 Catalan referendum So what? Assessing possible outcomes of the alleged information disorders Conclusion References Conclusion Distinction between misinformation and disinformation The ability to check claims Remedies against misinformation Role of freedom of expression Regulation of misinformation in referenda Final remarks References Index