Fake news and disinformation are one of the key challenges of modern society. This master's thesis examines the definitions of fake news and disinformation that appear most frequently in the literature related to the issue of false information. As the definitions of fake news and disinformation are extremely broad, lack precision and are as such not suitable for use in law, but are only applicable in a political context, this master’s thesis proposes a new concept: ‘fake information’, which it defines as:‘Materially false claims of fact on the internet that can threaten free elections, health and human life.’
The master's thesis further examines the possible measures to combat fake information, i.e. the measure of correcting false information, the measure of removing or blocking false content and criminal sanctions, focusing in more detail on the criminal law measure, which is the only one that can prevent the creation of fake information. To this end, the master's thesis formulates a provision of the Criminal Code that prohibits the publication or dissemination of fake information on the internet that may endanger the health and life of people or the free elections in the Republic of Slovenia. The master's thesis subjects the drafted criminal provision to a constitutionality assessment in the light of Articles 2 and 39 of the Constitution of the Republic of Slovenia, in the framework of the procedure for the review of the constitutionality carried out by the Constitutional Court of the Republic of Slovenia. The master's thesis concludes that such a provision is not incompatible with Article 2, but is incompatible with Article 39 of the Constitution of the Republic of Slovenia. The provision, while appropriate and necessary, is disproportionate to the legitimate aim pursued. The introduction of criminal liability is therefore not an appropriate measure to combat false information.
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