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Criminal Fraud and Election Disinformation - Law and Politics (Hardcover)
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Criminal Fraud and Election Disinformation - Law and Politics (Hardcover)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 12 - 17 working days
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Criminal Fraud and Election Disinformation is about the state's
approach to fraud and distortion of the truth in politics,
especially during election campaigns. Deliberate
mischaracterisation of political opponents and their policies has
always been a part of politics; however, lying, dishonesty, and
distortion of the facts remain morally wrong and have the potential
to obstruct important political interests. For example, a false or
misleading claim publicised about an election candidate may lead
someone to lose an election that they might otherwise have won. So,
does-and should-the law seek to provide protection from the risk of
this happening, by directly prohibiting the making of false or
misleading political claims, or by obliging internet platforms to
censor such content? In attempting to answer this question, Jeremy
Horder draws a key distinction between what is called 'political
viewpoint' fraud and 'electoral participation' fraud. In the
interests of protecting freedom of speech, false or misleading
claims (disinformation) involving political viewpoint content
should be tolerated, not only by the criminal law but also by the
internet platforms which host political content. By contrast, in
the interests of preserving the integrity of democratic electoral
processes, disinformation involving electoral participation
information should be prohibited by the criminal law and censored
by internet platforms. This book explains how the criminal law in
various jurisdictions frequently prohibits false or misleading
political claims falling into both categories of disinformation,
instead of concentrating on electoral participation fraud. By
contract, the right response to political viewpoint disinformation
is the provision of more information that challenges people to
question their beliefs and prejudices.
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