Defining disinformation in the EU: a matter beyond linguistics

Miguel Pereira (Master’s student in European Union Law at the School of Law of the University of Minho)

The EU has been a trailblazer in what regards combating disinformation. Through initiatives involving online platforms and drafting of long-term strategies tackling multiple fronts, it has recognized the issue and attempted to address it through non-regulatory policy making. The instruments that have been put forth to combat the phenomenon are often controversial (as is to be expected in all discussions impacting freedom of expression and information) and their effectiveness hard to assess. The debate surrounding these instruments tends to absorb most of the attention, leaving less room to discuss the actual definition of disinformation. This concept is, nonetheless, vital to the successful implementation of policies in this area and to an adequate protection of fundamental rights in the EU, meriting a closer look.

Disinformation is often wrongly equated to, and used interchangeably with, “fake news”. This approach muddles the debate with imprecision and can be particularly pernicious for two reasons. On one side, it does not adequately capture the full scope of the problem which goes well beyond fake news reporting and includes a wide array of:

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