Civil liability for spreading fake news on social media In Libyan and comparative law

Abstract

This study addresses the issue of civil liability for the dissemination of fake news on social media platforms. It examines the legal aspects of this phenomenon a modern issue driven by rapid technological advancement and assesses the adequacy of existing provisions in civil law and electronic transaction regulations to handle the practical challenges arising in the digital environment, such as difficulties regarding the burden of proof. The study also considers whether there is a need to develop faster and more effective mechanisms in this area, while attempting to formulate a precise definition of "fake news," identify the primary reasons behind its initial publication and subsequent resharing, and explore ways to curb this practice This study addresses the subject by employing descriptive, analytical, and comparative methodologies. It reached several conclusions, including the finding that neither Libyan nor comparative legislation contains a provision defining "fake news" as a distinct legal term; however, various legal provisions address it as a punishable phenomenon. Furthermore, Libyan legislation lacks a specific, comprehensive framework explicitly and directly governing civil liability for fake news in the digital environment, necessitating reliance on general rules of civil liability. Finally, the study concludes that the harm resulting from fake news is not limited to material damage but extends significantly to non-material and social harm The burden of proof in this area presents a genuine challenge and faces significant practical difficulties due to the nature of cyberspace particularly the potential for anonymity and the multiplicity of publishing sources thereby necessitating the development of legal and technical means of proof. This is especially relevant given that civil liability in the digital environment may extend to multiple parties, including the original publisher, the republisher, and, in some instances, digital platforms, reflecting the broad scope of such liability.