虚假信息:概念与本质

O. Samchynska
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引用次数: 1

摘要

本研究的目的是澄清作为对个人、社会和国家的权利和合法利益的威胁的虚假信息的本质,确定其主要特征,并对这一概念作出明确的定义。方法。为了实现这一目标,采用了以下方法:分析、综合、比较法、抽象和概括。结果。本文考虑了对“虚假信息”的不同定义。这一现象的主要特征被挑出来加以概括。“虚假信息”、“不可靠信息”和“错误信息”之间的区别已经确立。我们确定,虚假信息的强制性标志是:意图制造、修改和/或传播不准确的信息,意图误导,预先确定的目的,以及由于这些活动侵犯或可能侵犯个人或国家的合法权益。对狭义和广义上的虚假信息的理解提出了自己的方法。建议在法律层面将这一概念定义为有目的的创造、修改和传播不准确和可靠的信息的过程,以误导个人(群体)实现政治、经济或意识形态目标,从而侵犯人权和公民权利以及/或可能侵犯社会和国家。并将其作为反虚假信息中心和其他公共机构在执行与反和防止虚假信息负面后果有关的任务时的活动基础。结论。在数字时代,虚假信息达到了一个“新高度”,无疑已成为个人、国家和整个国际社会面临的主要挑战之一。因此,发展与这一现象作斗争的法律机制比以往任何时候都更加紧迫。在乌克兰,人们对这一现象的危险有所了解,这一点可以从以下方面得到证明:在战略法规层面上,将虚假信息定义为对国家利益的挑战和威胁之一,并在乌克兰国家安全和国防委员会设立了一个专门的工作机构——虚假信息中心。与此同时,在国家立法中没有对“虚假信息”的定义。有效实施信息政策,预防和抵消虚假信息的负面后果,保护信息领域的国家安全和利益,以及反虚假信息中心的活动,关键是在监管层面巩固“虚假信息”的概念。
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DISINFORMATION: CONCEPT AND ESSENCE
The purpose of the study is to clarify the essence of disinformation as a threat to the rights and legitimate interests of a person, society, and the state, to identify its main features, and to formulate a clear definition of this concept. Methods. To achieve this goal, the following methods were used: analysis, synthesis, comparative law, abstraction, and generalization. Results. Different approaches to the definition of “disinformation” are considered. The main features of this phenomenon are singled out and generalized. The difference between the terms “disinformation”, “unreliable information” and “misinformation” is established. It is determined that the obligatory signs of disinformation are: intent to create, modify, and/or disseminate inaccurate information, intent to mislead, pre-determined purpose, and violation or the possibility of violation of legal rights and interests of a person or state as a result of such activities. The own approach to the understanding of disinformation in a narrow and wide sense is formulated. It is proposed to enshrine at the legal level the definition of this concept as a purposeful process of creating, modifying, and disseminating information, both inaccurate and reliable, to mislead individuals (groups of persons) to achieve political, economic, or ideological goals, which violate or human and civil rights and/or society and the state may be violated, and take it as a basis for the activities of the Center for Counteracting Disinformation and other public authorities in the performance of tasks related to counteracting and preventing the negative consequences of disinformation. Conclusions. In the digital age, disinformation has reached a “new level” and has certainly become one of the main challenges for both individual, states and the entire international community. Therefore, the development of legal mechanisms to combat this phenomenon has become more urgent than ever. In Ukraine, there is an understanding of the danger of this phenomenon, as evidenced by the definition of disinformation as one of the challenges and threats to national interests at the level of strategic regulations and the creation of a special working body of the National Security and Defense Council of Ukraine – Disinformation Center. At the same time, there is no definition of “disinformation” in national legislation. The key to the effective implementation of information policy to prevent and counteract the negative consequences of disinformation, protection of national security and interests in the information sphere, and the activities of the Center for Countering Disinformation is to consolidate the concept of “disinformation” at the regulatory level.
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