Mechanisms To Combat Disinformation: An Analysis In The Light Of The Inter-American Commission On Human Rights

Abstract

Using qualitative research, the deductive approach method and bibliographic and documentary research techniques, the article aims to analyze the mechanisms to combat disinformation in the light of the recommendations of the Inter-American Commission on Human Rights and the tripartite test developed by the jurisprudence inter-American. It was concluded that false information is included in the scope of legal protection conferred to freedom of expression, since the requirement for veracity in information tends to degenerate into censorship of the right to freely express opinions, ideas and information; and the eventual criminalization of fake news, as well as the liability of providers, constitute extremely dangerous restrictions on freedom of expression and illegitimate, since they do not meet the basic requirements set by the tripartite test. Finally, it emerged that the recommendations made by the Inter-American Commission to national states are aimed at promoting positive measures such as media literacy, raising public awareness and encouraging fact-checking platforms, as they represent promising alternatives in combating disinformation while not imposing restrictions or suppressions on freedom of expression.