[The Editors' Verdict]Fake News Cannot Be Punished
Difficult to Define "Fake News"
Judgment Lies with Readers and History
Provide Information and Wait for Self-Correction
It is said that fake news is flooding everywhere. The government is even stepping in to eradicate it. There are talks of punishment as well. The problem is that the definition of what constitutes fake news is unclear. The standard for judging fake news would likely be fact. And it seems that punishment should only apply if facts are distorted with intent. However, whether actual punishment is possible is questionable.
Since around 2015, there has been fake news circulating in broadcasts and newspapers claiming that the UN defines youth as those aged 18 to 65. Even when searching news this year, there are multiple articles stating that the UN classified 65-year-olds as youth. However, fact-check articles say this is not true. No matter how much you search, the UN has never made such an announcement.
In fact, AFP, a leading foreign news agency, published a fact-check article in 2021 titled “United Nations has not classified 18 to 65-year-olds as ‘youth’.” They asked many UN officials and received answers denying the claim. Yet articles continue to appear stating that the UN considers 65-year-olds as youth. Is it realistically possible to stop or punish this? One could point out that the investigation was not thorough when presenting the argument. But it is difficult to say that facts were distorted with intent.
Recently, there was a controversy over intentionally distorted facts regarding “the average inheritance tax rate of 26% in OECD countries.” Many articles were based on the 26% figure. However, recently it was argued that 26% is a distortion and the number should be corrected to 13%. Among the 38 OECD countries, 14 have no inheritance tax at all, but they were excluded and only 24 countries were averaged, resulting in the 26% figure. If it is a math problem, the correct answer is 13. If we find the person who first used that number, can we determine whether it was an intentional distortion? No. That person would probably say they clearly excluded countries without inheritance tax. Another controversy arises. South Korea’s inheritance tax rate is 50%, but for chaebols it is 60%. So, is South Korea’s inheritance tax rate 50% or 60%? The same applies to other countries. For example, there will be discussions that the US rates vary by state. Ultimately, the debate is likely to end without a conclusion.
There is an article known as the epitome of distortion remaining in newspapers. It is about Napoleon’s escape from Elba Island in March 1815 and his entry into Paris over 20 days, which dominated the French influential newspaper Le Moniteur. The headlines read: “Cannibal den (Elba Island) escape (March 9),” “Corsican ogre, landing in southern France (10th),” “Tiger at the port of Carfu (11th),” “Monster camping in Grenoble (12th),” “Tyrant arrives in Lyon (13th),” “Bonaparte advances north, Paris entry impossible (19th),” “Napoleon arriving in Paris tomorrow (20th),” “Emperor Napoleon arrives at Fontainebleau Palace (21st),” “His Majesty the Emperor returned to the Tuileries Palace in Paris yesterday (22nd).” In just two weeks, the devil and monster evolved into an emperor. For centuries, people have pointed fingers and spat at this article. But it is not fake news. The facts are accurate.
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Fake news is a problem. But it is not an issue for government agencies or courts to punish. The role of the government is to provide information that helps distinguish fake news. Punishment is carried out by readers and history. They point fingers and spit at fake news.
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