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Authors : 1. Andrey V. Klemin,
доктор юридических наук, профессор, заведующий кафедрой международного и европейского права
Казанский инновационный университет имени В. Г. Тимирясова (ИЭУП)
Human rights and possibilities to limit them (Review of the article by Manzi D. C. Managing the Misinformation Marketplace: The First Amendment and the Fight Against Fake News
Objective: to assess the author’s vision of the problem of disinformation through the mass media, which led to a legal dispute regarding the constitutional human rights and the protection of society against fake news.
Methods: dialectical method and system approach, general scientific methods of analytical study of the work (analysis and synthesis, generalization, comparison, abstraction, etc.), formal legal method.
Results: based on a comprehensive review of the article, reasonable conclusions are made about the conflict between the right to disseminate information and the right to receive high-quality and reliable information, which currently cannot be satisfactorily resolved due to the politicization of the problem and the relative lack of specificity and a declarative character of the American Constitution. The author compares the situation on this issue in Russia and other countries, inviting researchers to further proper dialogue.
Scientific novelty: the comment to the article by D. Manzi can be useful for forming a generalized vision of the problem of fake news and the consequences it has for law enforcement.
Practical significance: formalization of a legal dispute between constitutional human rights and the protection of society against fake news may provide an opportunity to thoroughly form Russia’s policy with regard to the risks posed by fake news and hypertrophied concerns about human rights.
Keywords :
Freedom of speech; Human rights; Fake; Fake news; Permissiveness and order; Mass media; Government; Right to freedom of speech; Defenders of fake; Admissibility of the right to freedom of speech; Coronavirus
Bibliography :
1. Manzi D. C. Managing the Misinformation Marketplace: The First Amendment and the Fight Against Fake News, Fordham Law Review, 2019, Vol. 87, No. 6, pp. 2623–2651.
Citation :
Klemin A. V. Human rights and possibilities to limit them (Review of the article by Manzi D. C. Managing the Misinformation Marketplace: The First Amendment and the Fight Against Fake News // Fordham Law Review, 2019, Vol. 87, No. 6, pp. 2623–2651), Actual Problems of Economics and Law, 2020, Vol. 14, No. 1, pp. 165–173 (in Russ.). DOI: http://dx.doi.org/10.21202/1993-047X.14.2020.1.165-173
Type of article : The scientific article
Date of receipt of the article :
20.02.2020
Date of adoption of the print :
10.03.2020
Date of online accommodation :
25.03.2020
