After the gunfire ended, false claims that the Las Vegas carnage was the work of Islamic State terrorists or left-leaning Donald Trump opponents flooded Facebook pages, YouTube searches, and news feeds.
Again, we saw how so-called “fake news” can fuel chaos and stoke hatred. Like most fraudulent news, those deceptive articles are protected speech under the First Amendment and international free expression safeguards. Unless they cross specific legal red lines – such as those barring defamation or libel – fake news stories are not illegal, and our government does not have the power to prohibit or censor them.
But the fact that fake news is free speech does not nullify the danger it poses for open discourse, freedom of opinion, or democratic governance. The rise of fraudulent news and the related erosion of public trust in mainstream journalism pose a looming crisis for free expression.
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Both the First Amendment and international law define free speech to include the right to receive and impart information. The power of free speech is inextricably tied to the opportunity to be heard and believed, and to persuade. Fake news undermines precisely these sources of power. If public discourse becomes so flooded with disinformation that listeners can no longer distinguish signal from noise, they will tune out. Autocrats know this well and thus tightly control the flow of information. They purvey falsehoods to mislead, confuse, and – ultimately – to instill a sense of the futility of speech that saps the will to cry foul, protest, or resist.
The debate over solutions to fraudulent news has centered on what the government, news outlets, social media platforms, and civil society actors like fact-checking groups can do. Each has an important role to play, but they also must respect sharp limits to their interventions. Of course, no president should routinely denigrate legitimate news that he dislikes – as Donald Trump continually does. But Trump’s misuse of his authority merely reminds us that it’s for good reasons that the Constitution forbids the government from adjudicating which news is true and which is false.
Ultimately, the power of fake news is in the minds of the beholders – namely, news consumers. We need a news consumers’ equivalent of the venerable Consumers Union that, starting in the 1930s, mobilized millions behind taking an informed approach to purchases, or the more recent drive to empower individuals to take charge of their health by reading labels, counting steps, and getting tested for risk factors.
When there were only a few dishwashers to choose from, buyers didn’t need Consumer Reports to sort through their features and flaws. But when the appliance shopper began to face information overload, trusted arbiters were established to help them sort out the good from the bad.
Now, with the proliferation of overtly partisan media, lower barriers to entry into public discourse, and information flooding across the web and cable news, consumers need new tools to sort through choices and make informed decisions about where to invest their attention and trust. The fight against fake news will hinge not on inculcating trust in specific sources of authority but on instilling skepticism, curiosity, and a sense of agency among consumers, who are the best bulwark against the merchants of deceit.
A news consumers’ movement should include several prongs, building on PEN America’s newly released “News Consumers Bill of Rights and Responsibilities” from its new report, “Faking News: Fraudulent News and the Fight for Truth.” The movement should furnish credible information to help consumers weigh the reliability of varied news sources. It should include an advocacy arm to prod newsrooms, internet platforms, and social media giants into being transparent about their decisions as to what news is elevated and how it is marked. This movement should advance news literacy curricula in schools and equip the next generation to navigate the information ocean they were born into. It should conduct outreach to diverse constituencies and strive continually to avoid ideological bias. It should develop an investigative research arm to expose, name, and shame the purveyors of fraudulent news and their financial backers. And it might provide periodic ranking of, and reporting on, newsrooms and other outlets to hold them accountable to their audiences.
Recognizing fraudulent news as a threat to free expression cannot be grounds to justify a cure – in the form of new government or corporate restrictions on speech – that may end up being worse than the disease. The best prescription against the epidemic of fake news is to inoculate consumers by building up their ability to defend themselves.
Nossel is executive director of the Pen American Center and was formerly deputy assistant secretary of state for international organizations at the U.S. State Department.