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Responding to Disinformation: Ten Recommendations for Regulatory Action and Forbearance

Marsden, CT; Brown, I; Veale, M; (2021) Responding to Disinformation: Ten Recommendations for Regulatory Action and Forbearance. In: Moore, M and Tambini, D, (eds.) Regulating Big Tech: Policy Responses to Digital Dominance. (pp. 195-230). Oxford University Press: Oxford, UK. Green open access

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Abstract

This chapter elaborates on challenges and emerging best practices for state regulation of electoral disinformation throughout the electoral cycle. It is based on research for three studies during 2018–2020: into election cybersecurity for the Commonwealth; on the use of artificial intelligence (AI) to regulate disinformation for the European Parliament; and for UNESCO, the United Nations body responsible for education. The research covers more than half the world’s nations, and substantially more than half that population, and in 2019 the two largest democratic elections in history: India’s general election and the European Parliamentary elections. Regulating digital dominance in electoral disinformation presents specific challenges in three very distinctive fields: election law, media law, and mass communications regulation, and targeted online advertising, including data protection law. Implementing best practices against electoral disinformation will require action by EMBs, data protection agencies, communications and media regulators, parliamentary authorities, and ministries of justice and equivalent Neither effective implementation, nor a disinterested assessment of best practice, can be guaranteed. Electoral laws are—like much history—written by the winners, often immediately after their victory. Legal frameworks need to be updated as a response to disinformation challenges discovered during electoral processes, as well as encompassing international best practice. Our ten recommendations for policymakers take account of these imperatives and uncertainties.

Type: Book chapter
Title: Responding to Disinformation: Ten Recommendations for Regulatory Action and Forbearance
ISBN-13: 9780197616109
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/oso/9780197616093.003.0012
Publisher version: http://doi.org/10.1093/oso/9780197616093.003.0012
Language: English
Additional information: This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Cybersecurity, disinformation, regulation, electoral law, electoral regulation, disinformation regulation, fake news, artificial intelligence
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10113243
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