Problems of Discourse “Fake News” and the Spread of False Information in Online Media: Legal Measures to Control and Manage

Abstract

The new era of fake news originating with the 2016 US presidential election has made many countries aware that spreading false information does not only affect individuals like in the past, but also society, economic system, culture, politics, and democracy. An important factor is the Internet and social media, which makes the forwarding and sharing of news faster and wider. Many countries are rushing to find measures including the legal measures to deal with the spread. Thailand also faces this problem. In the past, beside setting up an anti-fake news center by Thai government, a network of facts checking by the public sector and the process for media literacy for the public are also established. However, in terms of legal measures, a problem that should be studied about the existence of the specific law dealing with the spread of false information in online media in Thailand. If it is not the case, is it necessary and how to legislate the specific law? If the law already exists, how effective is the law? Are there any issues to consider by the state especially the law affecting the rights and freedoms of citizens and the freedom of the media presenting news?
According to the study, many countries still choose to use measures to “Self- Regulation” in private sectors, “Fact Checking Network” and creating “Media Literacy”. Rather than using strict but vague laws. However, some countries have enacted new laws or amended existing laws for this purpose. In addition to imposing offenses on those who spread false information, it also specifies a variety of data management methods, such as blocking access, ordering service providers to delete data or suspend the use of online accounts. There are even announcements to warn users about areas where false information is frequently spread. For Thailand, currently the Computer related Crime Act of 2007 already has provisions to manage false information in online media. But there are still many problems, such as not having a definition of false information, lack of diversity in management methods and the imbalance between controlling false information and protecting civil liberties. This should be revised by setting a framework for interpreting the term “false information”, adding, or modifying methods for dealing with that information. Even enacting provisions to deal with false information in specific laws instead of dealing with all matters of false information with a single law like in the present due to the risks of being used as a political tool, or infringes too much on people's freedoms.