Balancing Public Interest and Freedom in Preventing Disinformation: is it Necessary to Criminalize Disinformation?

author Ezgi Çırak
journal RIDP Libri (ISSN: )
volume 2023
issue Criminal Justice in the Prism of Human Rights
section Freedom of Expression and Criminal Law
publicatie datum 17 novembre 2023
langue English
pagina 245
abstract

In recent years, there has been a period of technological breakthrough in which the internet and social networks have become globally widespread. In this process, new 'information' has been able to reach so many, faster than ever before, and 'information pollution' has become a public problem. In recent years, various methods have been used to prevent disinformation, a problem for many countries, and this issue is now reflected in national laws worldwide. This study focuses mainly on criminalization of disinformation. The first part examines the definition and types of disinformation, and the second, the current legal situation in Turkey and Germany regarding criminal sanctions. The third part focuses on the question of whether criminal law protection against disinformation is necessary. In this context, it is aimed to evaluate the purpose and limits of freedom of expression, especially in the context of ECHR § 10.