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Spain Introduces Bill To Combat Online Fake News (theguardian.com) 97

Spain's leftwing government has introduced a bill requiring digital platforms and social media influencers with large followings to publish corrections to false or harmful information. The law intends to "[make] life more difficult for those who dedicate themselves to lies and spreading fake news every day," said justice minister Felix Bolanos. The Guardian reports: The draft law replaces legislation from 1984 and targets internet users who have more than 100,000 followers on a single platform or 200,000 across several, the justice ministry said in a statement. These outlets and the platforms that host them must have a mechanism to facilitate citizens' right to ask that false or inaccurate information that harms them be corrected publicly, the ministry said. The correction request will no longer have to be addressed to the outlet's director because confirming their identity is difficult for many "pseudo media," justice minister Felix Bolanos told a press conference.
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Spain Introduces Bill To Combat Online Fake News

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  • Who decides? (Score:5, Insightful)

    by Retired Chemist ( 5039029 ) on Tuesday December 17, 2024 @08:33PM (#65021101)
    Who decides what is "fake news". Sure, in many cases it may seem obvious. But if someone posts something negative about another person and they claim it is "fake news" who decides?
    • Re: (Score:3, Informative)

      by Anonymous Coward
      An opinion about another person is not any type of "news" fake or otherwise. When an incorrect fact is posted, one would assume that a citation from a well regarded source that disproves that fact would serve as proof of "fake news."
      • Re:Who decides? (Score:5, Insightful)

        by Tailhook ( 98486 ) on Tuesday December 17, 2024 @08:48PM (#65021129)

        Sounds great. Now, who decides the "well regarded source"?

      • Re:Who decides? (Score:4, Interesting)

        by ClickOnThis ( 137803 ) on Tuesday December 17, 2024 @09:03PM (#65021161) Journal

        An opinion about another person is not any type of "news" fake or otherwise. When an incorrect fact is posted, one would assume that a citation from a well regarded source that disproves that fact would serve as proof of "fake news."

        I think the burden of proof is with the party making the claim, not the party refuting it.

        I'm not sure how the Spanish lawmakers intended for this law to work. I'll speculate that someone can challenge something, and the news outlet needs to defend their claim if they can, or withdraw it if they can't. How that differs from libel proceedings in a court, I'll leave for discussion. Someone here already mentioned that the latter is more expensive, so there's that.

    • by JSG ( 82708 )

      "But if someone posts something negative about another person and they claim it is "fake news" who decides?"

      That would be libel and a court in some jurisdictions. Whether you can afford it is an issue too.

      Elsewhere you are probably SOL.

      • Re:Who decides? (Score:5, Informative)

        by quonset ( 4839537 ) on Tuesday December 17, 2024 @09:09PM (#65021171)

        Saying something negative about someone is not libel. It has to be defamatory or untrue as facts [legaldictionary.net], not opinion. If I say the convicted felon needs to blend his orange make up better so it's not so obvious, he can sue all he wants, but what I said is an opinion even if it hurts his feelings. It also happens to be the truth.

        That said, he's said he's going to prohibit people from calling out his lies [imgur.com].

        • by sinij ( 911942 )

          That said, he's said he's going to prohibit people from calling out his lies.

          To me it was clear that he was talking about social media and occurrences like Twitter files.

          • Re: (Score:2, Insightful)

            by Anonymous Coward

            twitter files: here's some disinformation, you might not want to publish it.

            maga: government pressure tactics! this is lawfare!

            trump: sues someone for a poll he didn't like.

            maga: crickets.

            • by Entrope ( 68843 )

              Disinformation like Hunter Biden's laptop being Hunter Biden's laptop, you mean? The leading story from the Twitter Files, where Twitter's incompetence, dishonesty and bureaucratic inertia almost exposed all of US social media to new government regulation?

              • How about Biden is sharp as a tack? Or he will never pardon his son? Or the border is secure? Or Kamala was never the border czar? Or that border agents whipped migrants? Or that there will be no inflation? Or that the inflation is only transitory? Or the Putin price hike? Or if you get vaccinated, you can't catch covid? Or the Steele dossier. Or the Trump pee tapes? Or the Inflation Reduction Act reduces inflation? Or the Covington school boys blocked an Indian elder? Or mostly peaceful protes

                • Or the latest from CNN, freeing that poor prisoner who turned out to be a Assad henchman. Oooops

                  Or that ABC is paying 15 million to OMB in a libel settlement, for repeating a known lie.

                  Or the MILLIONS the government spent on crafting narratives in the news. Which is probably the worst of them all, since it is weaponizing taxpayer dollars against the taxpayers.

        • Comment removed based on user account deletion
    • Re:Who decides? (Score:5, Insightful)

      by RossCWilliams ( 5513152 ) on Tuesday December 17, 2024 @09:50PM (#65021229)

      The real question is who can be trusted to decide. And the answer is no one. And in the United States, that is the law because our founders didn't trust anyone, including themselves, with the power to decide. It was up to the people to sort through what was true and they trusted us to do it.

      Well, some of them did anyway. Hamilton preferred rule by an elite because other people couldn't be trusted to govern ourselves.. He lost the argument then and since, but he seems to be winning it at the moment among our current intelligentsia.

      • Hamilton preferred rule by an elite because other people couldn't be trusted to govern ourselves.

        I have disliked Hamilton since I was a child. I read about his stance in this regard and it rubbed me the wrong way. The current version of the USA is proof positive that Hamilton was dead wrong. In fact, the harder we work to keep the "elite" from deciding things, the closer we will be to a realistic form of government. We still have a Republican Democracy to keep it from degenerating into a mob rules situation.

    • Who decides what is "fake news".

      Its not a subjective measure. Its not about "who decides" its "did you tell the truth". If you didn't, you publish a correction. Its a pretty reasonable measure frankly.

      • "did you tell the truth".

        Who decides what "the truth" is. Facts aren't true or false, They are accurate or inaccurate which may be objective. But whether the narrative they support is true is completely beyond objective judgment. That's the truth.

      • Re: (Score:2, Troll)

        by geekmux ( 1040042 )

        Who decides what is "fake news".

        Its not a subjective measure. Its not about "who decides" its "did you tell the truth". If you didn't, you publish a correction. Its a pretty reasonable measure frankly.

        And when it’s government propaganda being sold as fact? What then? Who challenges that “truth” under this new law, or is this law more a law designed to prevent and prohibit that specific line of questioning?

      • Re: (Score:2, Insightful)

        not a subjective measure

        True, but it has become more complicated. Fake news is the intentional dissemination of false information to influence people's opinions and actions.

        For example, fake news about signs of life on the moon published in the 19th century is a classic example, where the publisher later admitted it was a lie. It did, however, attract more subscriptions. And Russia has spread disinformation about a plane crash in Ukraine in 2014, and has several "troll factories" etc...

        But Trump has often used the term as a

      • Re:Who decides? (Score:4, Interesting)

        by penguinoid ( 724646 ) on Wednesday December 18, 2024 @04:13AM (#65021657) Homepage Journal

        "Who decides" is still the main question. For slander and libel, it has to go through a court -- but that is not what they want for preventing misinformation.

        I have a suggestion -- if we are to imbue a Ministry of Truth with the power to quash misinformation, they need to have "oopsie he he he" insurance for when they inevitably make a "mistake". For example, they could be required to put up a $1 per viewer collateral when making a claim, payable should their claim be disputed and lose in court, plus the winner's court costs too. Their rival can then either take down the claim or vouch for it with their own $1 per viewer collateral. This way, the courts which we trust to decide murder and slander and such are the final arbiter. The main reason I'd support this is because there seems to be huge support to have a dangerously unaccountable Ministry of Truth supposedly to counter dangerously unaccountable professional liars.

        • The Ministry of Truth is a ministry of propaganda in the novel 1984 where war is peace. You don't want that.

          When thinking about fake news, remember that fake news is intentional false facts with a purpose. And when thinking about a statement, consider the following questions.
          Is this a fact or an opinion? Double check facts.
          Where was it published? On a private blog, perhaps?
          Where does the info come from, and who has something to gain from its spread?
          Surprisingly many countries have "troll farms", like
          • Oh, I'm pretty sure the Ministry of Truth from 1984 is exactly what some of the proponents want, hence my proposal to completely neuter that aspect of it while still having it effective for fighting misinformation -- would be interesting to see who hates this but loved the idea of one which could freely make "mistakes".

            Oh and I'm aware misinformation is also a real problem -- anywhere from idiots spreading idiocity to enemy nations specifically intending to cause us harm -- it's just I think a lot of the pe

        • You might be able to identify by source e.g. trollfarms but that might also not be too hard to obfuscate, in the same sense that we know a hyperlink to The Onion is satire but someone repeating what they read there as news by mistake is harder to suss out.
    • by geekmux ( 1040042 ) on Wednesday December 18, 2024 @12:22AM (#65021431)

      Who decides what is "fake news". Sure, in many cases it may seem obvious. But if someone posts something negative about another person and they claim it is "fake news" who decides?

      One natural problem of this, but root cause analysis states the “real” media brought this on themselves. There would have been no need for a “pseudo” media had our normal media outlets not sold their fucking soul in order to make news a profitable business. Worst thing we could have ever done to news reporting was put a damn stock price on it. They’ll say any damn thing for more clicks and views.

      News is bought and sold now. Good luck finding the sponsored “truth” in that corrupt business.

      And that’s just the Greed problem. Doesn’t even touch the problem of government propaganda being sold as fact.

      • root cause analysis states the “real” media brought this on themselves.

        No. Fake news is the intentional false information intended to influence people's opinions and actions. It is also ancient and international, but according to Northwestern University 30% of all fake news comes from Facebook.

        • root cause analysis states the “real” media brought this on themselves.

          No. Fake news is the intentional false information intended to influence people's opinions and actions. It is also ancient and international, but according to Northwestern University 30% of all fake news comes from Facebook.

          Fake News is also when Truth is covered up by lies. Or censored altogether. The problem becomes exponentially worse when sponsored by Government, which should be a primary concern since THAT source will never be allowed to be labeled questionable or suspect.

          Our problem may become more about what is NOT said, than what is said. Another timeless issue born from corruption.

          And quite frankly, 2 billion humans are on Facebook. Doesn’t take a University to know it’s a significant source of grade-A

      • by mjwx ( 966435 )

        Who decides what is "fake news". Sure, in many cases it may seem obvious. But if someone posts something negative about another person and they claim it is "fake news" who decides?

        One natural problem of this, but root cause analysis states the “real” media brought this on themselves. There would have been no need for a “pseudo” media had our normal media outlets not sold their fucking soul in order to make news a profitable business. Worst thing we could have ever done to news reporting was put a damn stock price on it. They’ll say any damn thing for more clicks and views.

        News is bought and sold now. Good luck finding the sponsored “truth” in that corrupt business.

        And that’s just the Greed problem. Doesn’t even touch the problem of government propaganda being sold as fact.

        And this is why I'm glad for organisations like the BBC which operates without a profit motive.

        Ultimately, privately owned news agencies need to compete against an agency that will fact check and does not have an agenda enforced on it by private owners... This does not stop organisations trying to operate a channel like Fox News, in fact one exists... most people in the UK have forgotten it even exists as it's rarely featured on the BBC's Have I Got News For You programme any more. The most viewers that

        • The problem is, the likes of Fox News has lied so boldly, so openly and so much that many Americans can't tell the difference any more.

          For some reason you left out MSNBC, CNN, ABC, CBS and NBC......?

          They're ALL guilty of lying to the US public...some more than others...MSNBC is likely the worst of the bunch.

        • BBC which operates without a profit motive.

          Profit is often not a motivation to post FAKE news. It isn't even a necessary motivation. The cult isn't motivated by profit, only the survival of the cult.

    • by AmiMoJo ( 196126 )

      A court, ultimately.

      • A court, ultimately.

        You mean politicians appointed as judges who are almost all alumni of the same two university law schools and are all trained to make arguments for why the law should serve their clients interests. The courts are the third branch of government that is accountable to no one. Congress may pass laws, but the courts decide what they mean. If the clear language of a statute doesn't serve their purpose, they invent a new technical legal definition that does.

        • by AmiMoJo ( 196126 )

          I don't think it works like that there. Most of Europe separates the judiciary and politics.

    • And how can we be sure that the bill to combat fake news isn't a fake news by itself ?
    • Comment removed based on user account deletion
    • by Evtim ( 1022085 )

      Here, the most depressing interview I have ever heard on the subject of freedom of information, censorship and propaganda:

      https://www.youtube.com/watch?... [youtube.com]

      Summary: US and the west redefined democracy to mean the will of (ideologically captured) institutions rather than the will of the people. The entire, century old, apparatus that America developed to influence politics, organize coups and revolutions, kill whomever it deemed a problem all over the world was turned against US citizens in 2014 after the Cri

  • This is designed to legislate a way where a large number of complaint can essentially DDoS a podcaster, as you forced to respond to these. Without significant exception to stating opinions about public people, this is guaranteed to be weaponized to stifle political speech.
    • No, it's not. It's simply saying the obvious: if you have influence, then you must use it responsibly. If the public places equal credibility in podcasts and broadcast news, then the podcasters must be held to the same standards as broadcasters: they must verify that what they report as true is true, and they must broadcast corrections when they err. Why is this a problem?
  • by Petersko ( 564140 ) on Tuesday December 17, 2024 @09:01PM (#65021151)

    The horse hasn't just bolted past the gate, it caught a ride to Vegas, killed a hooker, boarded a flight to South America, and was last seen running a cocaine extraction site in Peru.

    The idea that you can legislate this away is ludicrous. Hopefully they're doing it for the political points, rather than the outcomes. That would make them shallow instead of stupid.

  • so these cowards let illegals bother their energies and women, and as prize, they now get the full force of the empire of lies in the form of censorship
  • Seeing that Spain isn't an isolated case, this is being prepared and presented in numerous jurisdictions, I suspect that the current state of affairs, where people can completely sideline mainstream media for propaganda, younger generations don't watch broadcast TV anymore, so I think the way it's heading is not something that governments are wanting to countenance. The problem is that it's a useful tool to undermine democratically elected "wrong" governments, but becomes a problem when the "correct" govern

  • It's a good start, but fake news can be spread by many normal users republishing a video from an influencer.
    So the major sharing platforms should republish those corrections in any "streams" that republished the original videos.

    Teaching critical thinking to the population is probably a good thing too. https://edition.cnn.com/intera... [cnn.com]

  • by jgfenix ( 2584513 ) on Wednesday December 18, 2024 @04:38AM (#65021691)
    The most corrupt government in Spain's history. They are attacking the judges because they are investigating members or ex-members pf the government. The prime minister's wife and brother are being investigating. They are continually accusing the press of lying about things that are later proven to be true.They are continually lying and spreading false news about the opposition and those who criticize them. What they want is for only their "truth" to be spread.
  • It's our president (Score:5, Interesting)

    by LoadLin ( 6193506 ) on Wednesday December 18, 2024 @04:53AM (#65021697)

    I, as a Spaniard, can tell you more about this.

    The UE passed some time ago the recommendation of "fight" the fake news.

    Pedro Sanchez, our current president, is a liar and a corrupt man. He's involved in multiple corruption cases currently under investigation.
    He has done every step through dictatorship, one step at a time, still incomplete, but doing new small changes each time.
    First he put a lot of money on the main TV private media to control the narrative.
    Next he pushed for judges under his control into one of the most important spanish law-maker organisms (el Tribunal Constitucional), locking lots of process.
    He tried to do the same with other (Tribunal Superior) but he only was able a half baked renewal partially accorded with the main opposition party (PP).

    He has nearly defame putting lots of pressure against the judges that are working in his corruption cases and others things he does that are clearly against the law.

    There is a lot of things... but... what I want to say in the end is that, if a initiative to fight "combat fake news" is under the control of Pedro Sanchez, I have no doubt it will be used to enforce his and his party narrative, not to fight real and clear fake news.
     

    • Not defending any politician here - the opposing party has been caught mentioning fake news coming from very small outlets that have only digital presence. These outlets have received some money through local government ad campaigns. Writing anything on the internet is too easy. I am tired of trying to figure out who is right and who is wrong, who is biased towards one party and who is not as biased. I am tired of checking the facts. I want somebody else to think for me while I plow the fields. That is wher
    • I have no doubt it will be used to enforce his and his party narrative, not to fight real and clear fake news.

      Almost universally (possibly universally) that is the motivation for these kinds of laws. The Truth doesn't need mediating or moderating.

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