Maria Eduarda Borges examines the legal challenges of disinformation
Speaking to Antena 1’s programme Consulta Pública, Maria Eduarda Borges comments on the growing spread of disinformation across multiple spheres of society, stressing that the phenomenon goes far beyond social media and raises significant legal challenges.
According to the lawyer, any analysis of disinformation should begin with a potential conflict between two fundamental rights: freedom of expression and the right to accurate, complete and reliable information. Striking this balance becomes particularly complex in a context where the production and dissemination of information are no longer confined to traditional media outlets.
From a criminal law perspective, Maria Eduarda Borges notes that the legal framework already provides mechanisms to address the issue, namely through the protection of the honour, image and reputation of both individuals and legal persons. In this context, offences such as defamation, insult and other forms of harm to reputation assume particular relevance.
“From the moment that statements are presented as facts, whether by a journalist or an ordinary citizen, and those statements offend third parties, there may be legal liability.”
Listen to the programme here (available only in Portuguese).
