Another virus is spreading more and more. When fake news cause an info-demic
The terms epidemic and pandemic are unfortunately more current than ever and scary, because they are related to a virus that is causing too many victims and is changing our lives. But there is another word that we should start to know, because it identifies another phenomenon that is doing more and more damage, often very serious. This word is "infodemic".
Infodemic is the uncontrolled spread of a multitude of distorted, partial or even deliberately invented news that alarms and makes it difficult - if not impossible - to distinguish the true from the false about facts and situations that, like the coronavirus emergency, would instead need correct information.
Infodemic has always existed. The day before yesterday it was created by legends, more or less metropolitan, mostly spread orally. Yesterday it was called disinformation and it was blamed on radios, televisions and newspapers.
Today we talk about fake news and we point the finger at the internet and social networks, identified as the main perpetrators of the infodemics that poison our understanding of the present, our expectations for the future and even our memories of the past.
So much so that there are those who have proposed new regulations inspired by the intention to hit their own and above all social networks, criminalizing them and/or forcing them to control published content, censoring false information.
A dangerous trend because the decision regarding truthfulness of a news is not always easy or objective; delegating it to the manager of a social network also gives him the power to arbitrarily limit the freedom of thought and expression of its users, in clear contradiction to the freedom of thought and expression guaranteed by our Constitution. And after all, fake news do not only run on the internet. Infodemic ha innumerable means of spreading: televisions and newspapers included.
However, regardless of new legislative initiatives, current regulations already make it possible to effectively address the spread of false and harmful news. Fake news are already punishable today, even there is no crime of “spreading fake information”. Our legal system provides for various criminal rules that can be used depending on type, extent and purpose of the fake news.
First of all, Article 656 of the Penal Code, according to which "anyone who publishes or spreads false, exaggerated or tendentious news, for which public order may be disturbed, shall be punished, if the fact does not constitute a more serious offence, with imprisonment for up to three months or a fine of up to 309 euro".
Similar offense, sanctioned with detention up to six months or with a fine from ten euros to 516 euros, is that of procuring alarm, referred to in art. 658 of the Penal Code, in which he incurs, "anyone, announcing disasters, injuries or non-existent dangers, raises alarm at the Authority, or at bodies or persons exercising a public service".
These are crimes that do not appear to require on the part of the defendant, willful misconduct and awareness of the falsehood of the news or the absence of the alarm generated in public opinion. Therefore, even those who in good faith share the hoax published by a newspaper or an acquaintance can be prosecuted.
A similar crime, punished with a pecuniary administrative sanction from 5,000 to 15,000 Euros, is the one provided for by Article 661 of the Penal Code, which affects the abuse of popular credulity from which a disturbance of public order may arise.
We are in the presence of fines that do not require the prosecution by the offender of a precise personal gain and well can hit even the keyboard warrior who acts out of mere whim or malice.
If the dissemination of false news and the invention of alarms are related to hate campaigns aimed at inciting violence or discrimination on racial, ethnic, religious or national grounds, the crime referred to in the so-called Mancino Law (no. 205 of 25 June 1993) can also be committed with significant sanctions, ranging from six months to four years' imprisonment and with a fine ranging from 6,000 to one million euros.
But it is also true that the publication of fake news can be aimed at damaging individuals, offending their reputation, even with the false attribution of certain facts. In this case the crime of defamation is committed (art. 595 of the Criminal Code, with the possible aggravating circumstance of the press release), punishable by a fine of up to 2,065 euro and imprisonment for up to two years.
Finally, it’s not possible to undermine how some fake news are not born and spread only to mock, offend or spread false beliefs, in which the creators of fake news more or less believe out of ignorance or ideological dogmatism.
Some fake news is published artfully to achieve real economic and commercial benefits. To increase or decrease the price of goods. Or to discredit the products or the activity of a competitor.
In these cases, the victims can claim compensation for damages suffered, pursuant to art. 2598 of the Italian Civil Code, which qualifies as acts of unfair competition the dissemination of news and praise on the products and activities of competitors, suitable to bring them into disrepute.
The offence referred to in Article 501 of the Italian Criminal Code (sanctioned with imprisonment of up to three years and a fine of up to 25,000 euro) may also be committed if the dissemination of false, exaggerated or tendentious information is aimed at disturbing the domestic market of values or goods, causing an increase or decrease in prices or values.
In short, those who spread fake news, making themselves, more or less consciously, responsible for the rampant infodemic should therefore pay more attention to what they do. This is true for those who create fake news, for those who spread them for ease or ignorance, for those who record or share them, even on the page of their social network. But it also applies to the professional journalist looking for a scoop at all costs, perhaps to the detriment of his competitors or political opponents. (LC)
In this regard, we also point out the interesting initiative of the Bruno Kessler Foundation.
