Société de l’Information 

The Impact of Digital Platforms and Social Media on the Freedom of Expression and Pluralism : Analysis on Certain Central European Countries

“…A major part of this is undertaken by different communities and associations that are devoted to identifying fake news, tracing its origin, and investigating liability. 74 Fake news could also be suppressed through increased efforts to educate journalists, as well as through the conscience of the society itself.…”

“…73 In the CC's opinion, the principle of proportionality dictates: the application of measures that enable the effective achievement of the intended objectives; the application of only necessary measures, i.e., measures that are the least burdensome for the individual; and the maintenance of an appropriate balance between the benefit of the measures applied and the burden imposed on the individual. 74 Thus, any provision introducing a limitation is inconsistent with the Polish Constitution if the same effects could be achieved by means that restrict the exercise of personal freedoms or rights to a lesser extent. 75 This means that in Poland, the limitations under Articles 14,49,53,54,and 73 of the Polish Constitution may be imposed, but solely on strictly defined principles resulting from Article 31(3) of the Polish Constitution.…”

“…Regulation may apply to both television and radio broadcasters, and it is implemented in several states in Europe. 74 The obligation pertaining to the diversity of the press, as stipulated under Article IX(2) of the Fundamental Law, is achieved partly through the requirement of impartial coverage. The content of this obligation is specified jointly by Article 13 of the Press Freedom Act and Articles 12 (1)-( 2 published by linear media services providing information services.…”

“…Given the pandemic crisis, some commentators have suggested that causing public panic for no reason should be a consideration for increasing the penalty in future legislative amendments. 74 However, there have been no initiatives to reintroduce the creation and dissemination of fake news as a separate criminal offense. Nevertheless, under certain circumstances, the spreading of fake news could be legally qualified under Article 316 of the Criminal Code in cases where the police or other competent authorities were activated to conduct an inquiry or investigation.…”

“…73 The regulation of expression on social networks is a complex power struggle between states and multilateral corporations. 74 States are setting and enforcing the rules governing the freedom of expression in collaboration and through confrontation with private companies like Facebook. Traditionally, the regulation of speech and expression rested in the hands of the states directly regulating publishers and speakers, which may be described as the direct speech regulation.…”