How can state regulations over the online sphere continue to respect the freedom of expression? A case study of contemporary ‘fake news’ regulations in Thailand

ABSTRACT The fake news crisis has raised questions about the role of state regulation in curbing misinformation, as well as the responsibilities tech companies should shoulder. In engaging with debates on digital governance, this article has two key focuses: first, what are the problems associated with the lack of state regulations in the digital sphere – where technology companies have unprecedented control over online public discourses? Next, how can states ensure that online regulations are measured, and continue to respect important liberties? This essay argues that the lack of regulation over tech firms has led to arbitrary censorship, conflict of interest issues and a legitimacy gap, with adverse societal consequences. Next, through a case study of contemporary fake news responses advanced by the Thai government, it empirically examines concerns associated with state-led initiatives to regulate misinformation on social media. Overall, while advocating for increased regulation over the online sphere, this article argues that regulations which equate the concept of fake news to illegality are not optimal as they are likely to undercut societal liberties. Implementing robust transparency mechanisms over tech companies represents a valuable first step that should be undertaken before further attempts to advance coercive legislation establishing the state as the sole arbiter of truth are made.