The Internet And The Dissemination Of Pallals: A Legal Perspective Of Fake News

Abstract

Fake News has been a new hurdle in social coexistence. The dissemination of false news results in unjust attacks and slanderous incitement with devastating and heterogeneous effects in the field of politics, economics and personal life of ordinary people and authorities. Chaos is introduced and social barbarism is instituted in such a way as to undermine democracy, putting in a collision course constitutional rights of equal importance, as the right to information and freedom of expression, and on the other side, the right to image and privacy. This article, in a critical-dogmatic bias seeks to reflect on the consequences and responsibilities to be imposed on those who maliciously use the instrument of information diffusion. A recurrent theme in the doctrine of country and comparative law, doctrinal research will use the dialectical empirical method, pointing out possible solutions to remedy such pernicious movement of attack against the constitutional principles that mark the rule of law. The Judiciary must guarantee access to justice, not only by assuring reparation for the damage and criminalization of the agent, but also by giving victims the right to an efficient response.