Infox: the legal risks of spreading fake news on a European and French scale.
The Internet is a free space where the truth must be respected. With the rise of online media and social networking, the term "fake news" refers to a range of methods used to misinform the public. According to INSEE (Institut national de la statistique et des études économiques), in 2021, one out of every two Internet users saw at least one infox, a piece of information they considered to be false or unreliable. At European level, since 2022, the DSA (Digital Services Act) and the DMA (Digital Markets Act) are the main European regulations concerning the responsibility of platforms in this context.
In France, since the Freedom of the Press Act of 1881, the dissemination of false information has been a criminal offence. In addition, the Electoral Code, the Penal Code and the Monetary and Financial Code also punish misappropriation of the truth. On a European and French scale, what risks do people run who repost fake news on their networks or sites, even though they are not the author? What are the possible sanctions, for individuals on the one hand, and for legal entities on the other? The boundaries between truth and lies seem to have become increasingly complex. In a globalized, borderless digital world, the challenge for regional and national authorities is to ensure that content is disseminated responsibly on a global scale.
