Freedom of Expression vs. Misinformation Reconciling Human Rights with Digital Regulation

Abstract

The swift growth of online technologies and social media has not only changed the nature of a public discourse but also increased the involvement in democracy and the dissemination of fake news. This paper discusses the conflict between freedom of expression that is one of the pillars of human rights and control of the damaging misinformation in the digital era. Based on international human rights conventions, regional approaches, and domestic constitutions, especially Pakistan and South Africa, the paper discusses the legal and normative limits of free speech. It emphasizes the special difficulties of the content moderation by algorithms in the world digital platforms, the problems of excess and insufficient regulation, and the comparative practice of the jurisdictions such as the European Union or the United States. A comparative legal analysis, the paper holds that freedom of expression and regulation of misinformation are not necessarily opposing, but need to be balanced on the basis of legality, necessity, and proportionality, revised to fit the digital environment. The paper focuses on a human rights-oriented, multi-stakeholder governance framework that seeks to maintain democratic engagement and at the same time protect the integrity of information systems.