Fake news and misinformation have existed since ancient times, but with the development of social media, this issue has become increasingly widespread. Disinformation has been called the new pandemic, and there are many calls to reform social media platforms and to raise awareness about the dangers of disinformation and its impact on individuals, governments, and civil society. This analysis provides an overview of the legislative dilemma of addressing disinformation and fake news while protecting civic freedom in the Middle East and North Africa.

Disinformation, misinformation, or Fake News?

Disinformation is the intentional dissemination of misleading and wrongful information. It is presented to purposely mislead or is with the intent to mislead. Often, disinformation will include some truthful components or “half-truths.” Misinformation is the unintentional dissemination of misleading information. Misinformation need not be wholly false. Essentially it is the inadvertent spread of false or misleading information, which does not result from a coordinated effort like disinformation is. Fake News is often taken to mean any information from a news source that someone disagrees with. There is no standard definition of fake news. In fact, it’s been used in so many different ways and contexts, that it eludes precise definition.

Combating Disinformation

According to international standards, general prohibitions on the dissemination of information based on vague and ambiguous ideas, including “false news” or “non-objective information,” are incompatible with standards for restrictions on freedom of expression, and should be abolished. 

New Law for Disinformation

Existing laws can be effective in addressing issues stemming from disinformation, including tort law, cyber-bullying or cyber-crime laws, and other laws on defamation, libel, slander, and fraud.