Now Germany Wants To Criminalize Fake News
from the this-is-a-bad-idea dept
Oh boy. Ever since people started ridiculously blaming fake news on Facebook for the election outcome, we've pointed out that these calls will be used to justify censorship of opposing views -- and that's a very bad thing. We've already seen authoritarian countries with long histories of punishing and silencing dissent jump on the "fake news is a problem!" bandwagon to justify heavy handed censorship. Both China and Iran have pointed to "fake news" as a reason for new internet censorship plans.But, of course, now the disease is spreading, and spreading quickly. Over in Germany, Chancellor Angela Merkel has now endorsed a proposal to criminalize publishing fake news. Let's repeat that: she's endorsing a plan to make it a criminal offense to publish "fake news."
Angela Merkel is as good as her word: the German chancellor is backing a new law that would ban fake news stories distributed via social media, according to German newspapers. The move comes amid growing concern that fake news on social media influenced the outcome of the U.S. presidential election, and could play a similar role in Germany’s own upcoming elections.This is an out and out pro-censorship law which will be abused. And the really scary thing is that with all this hype about "fake news," it appears the general public in traditionally open democracies may cheer on this plan for government-mandated censorship. A new Pew Center study suggests the hype around fake news has tons of Americans believing it's a much bigger problem than it really is. But the really scary part is that, according to the survey, many believe that the government should be responsible for stopping fake news. In fact, more people would put a large part of the burden on the government than on internet companies or... (wait for it...) the public themselves: If you can't see that, 45% of respondents say that "a great deal of responsibility" for "preventing completely made up news from gaining attention" should fall on "government, politicians and elected officials." 42% say the same thing for platforms and 43% apply that standard to the public themselves. Obviously, these numbers are pretty close, suggesting they could be seen as about equal -- but that's still ridiculous. The government should not be in the business of deciding what is "fake news." It would fundamentally upset one of the basic concepts of freedom of expression.
Politicians from Merkel’s conservative Christian Democratic Union are proposing a law that would require social media sites to immediately remove fake news stories and make the publishing of such articles a criminal offense. The CDU currently governs in coalition with the leftwing Social Democratic Party as well as its own sister party, the Bavarian Christian Social Union, giving the government an easy majority and making it very likely that the law will pass, perhaps with some revisions after parliamentary debate.
Again, none of this is to say that timelines flooded with blatantly hoax stories (again, the definition of "fake news" seems to morph with what one's beliefs are...) is a good thing. And it seems that approaches like the one that Facebook is now taking seem perfectly reasonable (providing more information, rather than blocking, and combining user feedback with expert fact checking to vet stories that deserve additional informational flags). But the idea that the government should take responsibility leads to ridiculous ideas like criminalizing "fake" news stories, which will only justify crackdowns like the ones in China and Iran even more.
As the Washington Post's always astute Margaret Sullivan notes, politicians are the last people who should be judging what is, and what is not, fake news -- since it allows them to tilt the scales on issues directly impacting their own jobs:
Government involvement is a seriously bad idea. It could put the question of what constitutes real news and what constitutes fake news in the hands of those who may be most affected by it.Indeed, this seems to directly be the case with the plan to criminalize fake news in Germany. As the quote above noted, the reason it's even up for debate there is because of "concern" that fake news could impact the upcoming election. Totally false news that people fall for can certainly be annoying -- but (again) we're mostly talking about confirmation bias. People believing stories because it fits their existing worldview. It's not like they'd change their position magically if they didn't see the fake news stories. And, even if they did, that's no excuse for criminalizing fake news -- which is only going to create a massive headache, and put freedom of the press and freedom of expression at serious risk.
Though, it will be amusing when German officials try to charge The Onion with criminal offenses...
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Filed Under: angela merkel, fake news, free speech, germany, social media
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Satire
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Criminalizing the Onion
Don't joke. Politicians are a remarkably humorless bunch. The Onion is a definite target.
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Of course, this is just one way..
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Because reasons?
Or is there a trend towards private commercial prisons in Germany that need filling expeditiously?
Or is it really that there is a worldwide trend toward authoritarianism whereby those in power have an unrelenting drive to remain in power and dictate to those not in power whatever their moral perceptions may be? When, internationally, those moral perceptions are different, will there be wars to impose one moral perception upon others?
Oh, wait...that is already happening. Why would anyone not on that imposing side wish to expand potential for the imposing side to win?
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What freedom of press, it's Germany
It's Germany, they don't have the U.S constitution or bill of rights to abide by with it's freedom of press and for them the stakes are much higher as election are around the corner and they are taking preventative measures unlike in the U.S. that gives tax breaks to groups that claim they are educating the populace using fake information.
Let their experiment in quashing fake news commence.
If it works import it here in the U.S. cause what you're missing in this story Mike is that it's commerce and commerce can AND SHOULD be regulated.
Just saying, freedom of speech doesn't mean freedom to harm, we have hate crimes in the U.S. which block types of speech, perhaps add another category here in the U.S. called state sponsored foreign propaganda and block the crap out of it. Cause right now, so called freedom of speech is being used against the U.S. to great effect.
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It's fake...
One can only wonder if Merkel actually understands that news that she doesn't want to be reported does not equate to "fake news?" Based on what I know about her, I'm guessing that the answer to this question is "NO!!!"
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Fake news not the problem
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Why is the first solution to criminalize it?
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I hope this catches on here in the US.
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Re: What freedom of press, it's Germany
No, we don't. Hate speech is not a crime in the US. Directly inciting violence is a crime(e.g. shouting "beat the shit out of him" to a mob menacing someone). Making threats is a crime(e.g. telling someone "I'm going to catch you out one of these nights and beat your ass dead."). The perpetrator using the appropriate racial or sexual slurs for victim of a crime can be held up as proof it was a hate crime. But the speech itself is not crime.
Fuck no. First of all, it would be a violation of the First Amendment. Second, it's a horrible idea because whoever was in power would label any inconvenient news they don't like to be foreign propaganda. Just like the democrats are currently busy claiming that Wikileaks publishing DNC emails is Russian propaganda.
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It's about time.
/s
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Shouldn't the MSM & Hollywood have some serious adult supervision from Republicans??? Can't see any problems with that
Here's hoping that the pesky Constitution gets in the way of the growing desire to let government help us interpret the news.
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Re: Fake news not the problem
I think they know that. They just choose to believe whatever confirms what they want to believe.
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Re: What freedom of press, it's Germany
Yeah man, just imagine how much better things would be if all that "fake news" that came from that weirdo Snowden guy could just be outlawed and deleted.
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But what do with the offenders?
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Sooo...
If so... then this could be a good thing folks! ha ha ha haaa!!!!
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I joke we shouldn't underestimate human stupidity but it seems the joke is on me.
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So, Germany wants to criminalize:
-rumors -The Onion and other satire -supermarket tabloids -yellow journalism -conspiracy theorists -state sponsored news (if it's a state they don't like) -exclusive scoops by minor outlets using anonymous sources -news that contradicts the government's official position on things.
Yeah, I can see why the government thinks it's a great idea.
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Re: What freedom of press, it's Germany
I agree! If it harms my feelings, beliefs or interests, it should be illegal!
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Re:
That negative past is a figment of fake news.
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Re: But what do with the offenders?
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Re: Sooo...
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Re:
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/s for anyone who didn't spot the mockery of the anti-Trumpers' hypocrisy. And I don't blame you if you didn't spot it, raging hypocrisy boners seem to be rapidly becoming a defining feature of the democratic party. "We have to act how we think Trump will in order to prevent Trump from acting like us!"
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Re: Re: What freedom of press, it's Germany
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Re: I hope this catches on here in the US.
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The story about fake news is the fake news
https://theintercept.com/2016/12/10/anonymous-leaks-to-the-washpost-about-the-cias-russia- beliefs-are-no-substitute-for-evidence/
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Re: Re: Fake news not the problem
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Re:
Only the bad ones. The others are obviously not fake.
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Re: Of course, this is just one way..
The problem is that information is unlimited and false information is used as an encouragement to commit terrorism.
The solutions as we hear them today would either be to censor or to hire government funded propagandists. Neither of those are anywhere close to desirable.
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Re: Criminalizing the Onion
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Re: Re: Of course, this is just one way..
The main reason for the existence of "Fake News" is to generate income.
One person's fake news is another persons real news.
Depending upon one's definition(s), one particular news article could be both fake and real at the same time.
Bottom line, and lets not mince words here, this is an attempt at state sanctioned censorship - plain and simple.
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Re: What freedom of press, it's Germany
Not sure what you are referring to, perhaps a few real world examples would be in order here.
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Re: Re: Re: Fake news not the problem
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Everyone?
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Yah Fake News!
Seriously... how long until the MPAA deems Techdirt "fake news"?
"Fake News" if VERY often in the eye of the beholder. Whatever the establishment deems is "credible" news - through the control and cherry-picking of facts - becomes the "real" news... so everything else must be "fake" news.
It really is nothing more than a more grab by those in power to control what people see.
Look at Facebook. They will start deciding what is fake by checking it with far left partisan fact checkers, who have been proved wrong time and time again with ACTUAL facts.
It is abhorrent.
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Breaking FAKE NEWS... Fake news stories of the impact of fake news have resulted in real results...
This has resulted in the passing of laws to eliminate all forms of news, since nobody can seem to tell what's fake and what's real, we will just have to outlaw all news reporting.
Those rumors of the best way to respond to bad or fake speech with more speech, yeah, those didn't work so it's outright government sponsored censorship coming to a democracy near you any day now.
Just remember, any news that the government doesn't agree with is "fake news" and due to the new laws we just passed, the publishers of fake news will be hanged, electrocuted, and receive lethal injection, followed by being drawn and quartered for good measure. The entire "Fake news re-education process" will be published as a daily live feed, direct from Guantanamo Bay, in the new government news feed brought to you by AT&T (the only telecom company that survived the trump-telecom wars of 2024), Taco Bell, and the 3 sea shells (if you have to ask you are doing it wrong)...
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Re: The story about fake news is the fake news
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Re: Yah Fake News!
He tried writing to both liberals and conservatives, but only one side usually took the bait.
"Coler says his writers have tried to write fake news for liberals — but they just never take the bait."
http://www.npr.org/sections/alltechconsidered/2016/11/23/503146770/npr-finds-the-head-of-a-cov ert-fake-news-operation-in-the-suburbs
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Re: Re: The story about fake news is the fake news
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Re: Re: Re: The story about fake news is the fake news
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Re: Re: Re: The story about fake news is the fake news
"Democratic National Committee (2016)[edit]
Fancy Bear carried out spear phishing attacks on email addresses associated with the Democratic National Committee in the first quarter of 2016.[35] The malware used in the attack sent stolen data to the same servers that were used for the group's 2015 attack on the German parliament.[1] "
dosvedanya, comrade
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Re: Yah Fake News!
Techdirt will not have a problem, because while they do spin for Google and other tech corporations, they usually make sure to not include any blatant lies in the coverage.
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Re: Re: Re: What freedom of press, it's Germany
They think we are fools but they'll soon learn when Der Drumpfins gets to the bottom of it.
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Re:
If they have an office or employees in Germany or do business there - say, selling advertising - then they're subject to German laws.
Back in the 1990s the top executive of Compuserve's German subsidiary was arrested and convicted because CompuServe USA linked to Usenet, and thus made the German executive personally responsible for any child porn found on Usenet. (The verdict was overturned years later.)
He was also convicted on further charges, in that the games "Doom", "Heretic" and "Wolfenstein 3D" were available on CompuServe forums and were harmful to children.
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Re: Why is the first solution to criminalize it?
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Re: Re: Why is the first solution to criminalize it?
He said abatement should never be done, but ignore that.
Drumpf!
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Re: Re: Re: Why is the first solution to criminalize it?
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Re: Re: Re: Re: The story about fake news is the fake news
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Re: Re: Re: Re: Re: Why is the first solution to criminalize it?
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Re:
Heck, the claim even served the Bush II administration. Those asking the more reasonable question of what warnings the White House ignored, could be grouped in and painted with the same brush as the holographic airplane ranters.
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wOULD LOVE IT..
It would be NICE if it was STATED as opinion, BS, Satire, Anything that ISNT FACT..
Only for 1 real reason..to GET people to KNOW, that its BS..
I hate when Facts get buried by 100 times the SAME amount of BS..
AND it would REALLY shorten the NEWS..
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Re: Re: Re: Re: Re: The story about fake news is the fake news
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Re: Re: Re: Re: Re: Re: Why is the first solution to criminalize it?
According to your own words it is better to do wrong than nothing. Look up above if you've forgotten what you wrote already.
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Re: Re: Re: Re: Re: The story about fake news is the fake news
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You could have ten people in a room reading/listening to the same thing and afterwards you would get ten different summaries of what it was about.
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Re: Re: Re: Re: Re: Re: The story about fake news is the fake news
Q: What is the color of the moon?
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Re: Re: Yah Fake News!
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This time it might get him in trouble.
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Re: Re: Re: Re: Re: Re: Re: The story about fake news is the fake news
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Underground
I think governments' next step is punish share fake INFORMATION, not only news. Books from religions, fake or true?
News will go UNDERGROUND, governments can try ban what they want but not mean stuff will disappear.
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Re: Satire
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Re:
"Look, the alt-right thrives on fake news, let's criminalise it so we can criminalise them, because we'll never abuse it or hit unintended, harmless Onions with it..."
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Re: Re: Why is the first solution to criminalize it?
And since you mention it, apparently Trump never met a law he couldn't bend or ignore ;)
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Re: Re: But what do with the offenders?
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Re:
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Re: Re: Re: Re: Re: Re: The story about fake news is the fake news
https://www.crowdstrike.com/blog/who-is-fancy-bear/
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Re: Re: Re: Re: Re: Re: The story about fake news is the fake news
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Re: Re: Re: Why is the first solution to criminalize it?
I am quite interested to see what Trumps administrating will do. So far the only shit storm is being caused by angry liberals whose only took seems to be violence
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Re: Criminalizing the Onion
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Re: Re: Re: Re: Re: Re: Re: Re: Why is the first solution to criminalize it?
(This is why I'm glad Techdirt doesn't allow people to go back and change their posted comments.)
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Re: Re: Re: Re: Re: Re: Re: The story about fake news is the fake news
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Why is the first solution to criminalize it?
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Why is the first solution to criminalize it?
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Why is the first solution to criminalize it?
No, you just said it didn't matter.
Try to understand why you may have heard that a lot before repeating it.
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Re: Re: Re: Re: Re: Re: Re: Re: The story about fake news is the fake news
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Re: Re: Re: Re: Re: Re: Re: Re: The story about fake news is the fake news
Mandiant: https://www.washingtonpost.com/world/national-security/cyber-researchers-confirm-russian-government- hack-of-democratic-national-committee/2016/06/20/e7375bc0-3719-11e6-9ccd-d6005beac8b3_story.html
Fide lis: http://www.computerworld.com/article/3086314/security/russian-hackers-were-behind-dnc-breach-says-fi delis-cybersecurity.html
Dell SecureWorks: https://www.secureworks.com/research/threat-group-4127-targets-hillary-clinton-presidential-campaign
Threatconnect: https://www.threatconnect.com/blog/guccifer-2-all-roads-lead-russia/
FireEye: https://www.fireeye.com/blog/threat-research/2014/10/apt28-a-window-into-russias-cyber-espionage-ope rations.html
Volexity: https://www.volexity.com/blog/2016/11/09/powerduke-post-election-spear-phishing-campaigns-targeting- think-tanks-and-ngos/
http://usa.kaspersky.com/about-us/press-center/press-releases/2015/infamous-cyb er-espionage-group-sofacy-resurfaces-new-malicious-
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Why is the first solution to criminalize it?
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Truth
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Re: Re:
The alt-right is running the show now. Proof: neoliberalism run amuck; demonisation of vulnerable people as workshy scroungers or potential terrorists (depending on where they're from).
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Fake News
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