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Is fake news a crime?
Perhaps this entry needs to start with a declaration; there is no novelty in the term fake news. In fact, fake news is not a term but a description. Odd to start with something as obvious as this but given the boastful claims for those inventing the (non) terms is only logical to start with that. It is true that in news, the term that usually relates to deliberate dissemination of information, is propaganda. It aims at misinformation and as it is reproduced over and over it can even become part of indoctrination.
The 20th century introduced the world to speed. Mass consumption, marketing and two world wars that devastated countries and populations. In the century of speed, mass media and the availability of information became a reality. The world heard, on the radio first and on the television later, world leaders making statements in what seemed to be the spectacle of politics. Interestingly some countries, political parties and professionals realised the value of controlling news, managing information. The representation of positions became an integral part of modern politics. Information became a commodity and the management of the news became big business with social implications.
When we talk deliberate misinformation, we are probably reminded of the Third Reich and the “ministry of public enlightenment and propaganda”. Even now media analysts consider the Nuremberg Rally a clear example of media manipulation and deliberate misinformation. This however was only one of many ministries around the world set up for that purpose. In some countries even censorship laws and restrictions emanate from a relevant ministry or department. The protection of the public was the main justification even when the stories promoted were wrong or even fictitious.
The need to set up some standards on journalism became apparent and awards like the Pulitzer Prize became ways of awarding those who hold journalistic values high. National broadcasting corporations became the voice of their nation and many adopted the voice of neutrality. Post war the crimes of the Nazi regime became apparent and the work of the propaganda machine in contract demonstrated how easy it was to misinform whilst committing atrocities. The United Nations even took a resolution on the issue “Condemns all forms of propaganda, in whatsoever country conducted, which is either designed or likely to provoke or encourage any threat to the peace, breach of the peace, or act of aggression” General Assembly, November 3 1947.
Unfortunately, this resolution remains mostly a paper exercise as the ideological split of the founding members led to a war of attrition of who tells the truth and who is using propaganda. Since then mass media became part of everyday life and an inseparable part of modern living. News became evidence and programmes presented decisive information in the court of public opinion. Documentaries claimed honest realism and news programmes set the tone of political and social dialogue.
In 1988 Chomsky and Herman in Manufacturing Consent: the political economy of mass media, proclaim that propaganda is not the reserve of a totalitarian state but of all states in their attempt to maintain order imposed by the establishment. Under this guise misinformation is part of the mass media’s raison d’etre. It can partly explain why the UN resolutions were not followed up further. So far, we are considering the sociological dimensions of news and information. Nothing thus far is clearly criminological or making the case for criminalising the deliberate misinformation in the news. (interestingly, the deliberate misinformation of a consumer is a criminal offence, well established).
One can ask rhetorically if it is so bad to misinform, spread fake news and manipulate the news through a systematic propaganda process. We presume that most citizens can find a variety of forums to be informed and the internet has democratised media even further. The reality however is quite different. People rely on specific sources even when they go online, finding voices that speak to them. In some ways this kind of behaviour is expected. Nothing wrong with that, is there? Back in the 1990s a radio station in Rwanda was talking about cockroaches and snakes; this led into a modern-day genocide, a crime that the UN aimed to extinguish. In the early 2000s the western world went into war on reports and news about weapons of mass destruction that did not exist, leaving thousands dead and millions displaced. In the mid-2010s a series of populist politicians got into office making claims on news, fake news, utilising their propaganda machine against anyone who tried to take them to account. More recently people, having felt deceived by mainstream media, do not believe anything, even the pandemic. The difficulty in critically evaluating information is obvious but it is also obvious how destructive it can be. In short, yes fake news should be a crime, because they cause lives in so many ways. Question is: Can we differentiate the truth from the fake or is it too late?
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Information overload
If you’re anything like me, the last few weeks you’ve probably found yourself fighting your way through a tsunami of information that’s coming from all directions. Notifications are going into overdrive with social media apps, news apps and browsers desperate to deliver more and more content, at ever increasing frequencies. Add to this all the stories, videos and memes friends and family are also sharing and it’s hard to know where to look first. The sheer volume of content makes it harder than ever to know what is fact, fake or opinion. In honesty, it can all be a bit overwhelming.
How do you even begin sorting the information that’s being thrown at you when you can’t keep up with how quickly your news feeds are moving
1. Sort the fact from the fiction
There’s nothing like a pandemic to send the fake news mills into overdrive. Many are easy to spot, the 2020 version of an urban myth (My neighbour’s, brother’s dog is a top civil servant and says….) others are much more sophisticated and purport to be from trusted sources. The Guardian (Mercier, 2020) reports on the danger of these stories and the tragic consequences that can occur when people believe them.
Why are we so susceptible to fake news stories though? They use “truthiness” to play on our fears and biases. If it sounds like something we think could be true, if it confirms our prejudices or worries, we’re more likely to believe it.
Fact checking is more important than ever. Take a moment to think before you share – what is the source? where are their sources? For more tips on spotting fake news check out this guide (IFLA, 2020) or use an independent reputable fact checking site such as Full Fact. This blog article from the Information Literacy Group (Bedford, 2020) pulls together a selection of reliable information sources related to Covid-19.
2. Bursting your bubble
Personalised content from news feeds can be useful, but we often don’t even realise the news stories and content we’re seeing in apps has been chosen by an algorithm. Their purpose is to feed us stories they think we will like, to keep us reading longer. This can be convenient, but it can also be misleading. We get trapped in a filter bubble that feeds us the type of content we like and usually from a perspective that agrees with our own way of thinking.
Sometimes we need to know what else is going on in the world outside our specific areas of interest though and sometimes we need to consider viewpoints we don’t necessarily agree with, so we can make an informed judgement.
These algorithms can also get things wrong. My own Google news feed weirdly seems to think I’m interested in anything vaguely related to British Airways, Coventry City Football Club and Meghan Markle (I’d like to state for the record I’m not particularly interested in any of these things). This is without considering the inherent biases they have built into them, before they even start their work (algorithm bias is a whole other blog article in itself).
It’s human nature to want to hear things that agree with our way of thinking and reinforce our own world view, we follow people we like and admire, we choose news sources that confirm our way of thinking, but there is a risk of missing the bigger picture when sat in our bubble. Rather than letting the news come to you, go direct to several news sources (maybe even some that have a different political leaning to you, if you feel like being challenged). Be active in seeking news stories, rather than passively consuming them.
3. Step away from the news feed (when you need to)
It’s a bit of a balancing act, we need to know enough to be informed and stay safe without spending 24/7 plugged in. We’re not superhuman though and sometimes we need to accept that just because it’s on our feed, we’re not obliged to engage. Give yourself permission to skip stories, mute notifications and be selective when you need to. We all have different saturation points, mine will vary day to day, but listen to yourself and know when it’s time to switch off. If it helps, set reminders on your apps to give you a nudge when you’ve spent a certain amount of time on them. The Mental Health Foundation (2020) have some tips for looking after your mental health in relation to news coverage of Covid-19.
If you need help finding information or want support evaluating sources the Academic Librarian team are offering online tutorials and an online drop-in service. You can also contact us by emailing librarians@northampton.ac.uk
Cheryl Gardner
Academic Liaison Manager, LLS
References
Bedford, D. (2020) Covid-19: Seeking reliable information in difficult times. Information Literacy Group [online]. Available from: https://infolit.org.uk/covid-19-seeking-reliable-information-in-difficult-times/ [Accessed 31/03/2020].
IFLA (2020) How to spot fake news. IFLA [online]. Available from: https://www.ifla.org/publications/node/11174 [Accessed 31/03/2020].
Mental Health Foundation (2020) Looking after your mental health during the Coronavirus outbreak. Mental Health Foundation [online]. Available from: https://mentalhealth.org.uk/publications/looking-after-your-mental-health-during-coronavirus-outbreak [Accessed 31/03/2020]
Mercier, H. (2020) Fake news in the time of coronavirus: how big is the threat? The Guardian [online]. 30th March. Available from: https://www.theguardian.com/commentisfree/2020/mar/30/fake-news-coronavirus-false-information [Accessed 31/03/2020].
Thoughts from the criminology team 