Some Comments on the Legal Regulation on Misinformation and Cyber Attacks Conducted Through Online Platforms

Mezei, Kitti and Szentgáli-Tóth, Boldizsár Artúr (2023) Some Comments on the Legal Regulation on Misinformation and Cyber Attacks Conducted Through Online Platforms. LEXONOMICA: REVIJA ZA PRAVO IN EKONOMIJO, 15 (1). pp. 33-52. ISSN 1855-7147

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Abstract

The motivation behind the malicious use of modern technologies can often be directly aimed at influencing public discourse: generating manipulated positions or exaggerating or even relativising positions that are already present in the debate. For example, posts or comments generated by automated tools ("bots") can give readers a false impression of the positions current in society on a given topic or of their actual weight and support. In addition, the rise of deepfake technology based on artificial intelligence poses a new challenge. In addition to the damage to individuals, deepfake can contribute to distorting democratic decision-making and manipulating the electoral process, eroding public trust and exacerbating societal divisions. It can also raise criminal law issues. Cybercrime is causing increasing social and economic damage, violating the fundamental rights of individuals and threatening the rule of law and the stability of democratic societies. Online platforms provide a new arena for abuse. Users are often unaware of the dangers of their virtual presence and the consequences of the information they share. Therefore, cyberattacks against online platforms and their users often aim to obtain personal data or other sensitive information that can be used to commit further crimes (e.g. fraud, extortion, etc.). In addition, social networking sites are potential vehicles for distributing malware and illegal content. All these phenomena are particularly dangerous in an epidemic where almost all of us spend much more time online than before. This study looks at the main possible ways forward for legislation to address this complex problem. What are the tools to effectively manage the new threats to the free flow of opinions to protect this essential precondition for a pluralist social and political system? And, as a basis for action at the community level, how can we protect users who use internet platforms to inform themselves on issues of public interest from disinformation attacks through the cyberspace? Effective action against cyber-attacks that adversely affect certain fundamental rights requires a combination of instruments, creating the technological, economic, human and legal conditions for meaningful counter-measures. In legal terms, the guarantees that platform providers must offer each user to prevent cyber attacks and illegal content should be laid down, and legal instruments should be put in place to ensure they are always available. In addition, in the event of misusing any content shared on the platform or of personal data made available to the operator, clear responsibilities should be established, and the extent to which the responsibility for protection lies with the platform operator or the user should be clarified. In our study, we outline regulatory options to address these challenges.

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