The ECtHR jurisprudence on "fake news": Searching for truth

With the development of the internet and social networks, the dissemination of "fake news" has become much easier and faster than it was in the past. Although this phenomenon is not new, its current effects on democratic political processes and human behavior during some emergencies demonstrate that "fake news" can have a significant impact on public behavior. In view of these considerations, the article will analyze the phenomenon of "fake news" through the lens of Article 10 of the European Convention on Human Rights (ECHR) and the circumstances under which freedom of expression may be limited in instances of "fake news" publication. The first section will consider the definition and the concept of fake news. In addition, the authors will analyze the relevant jurisprudence of the European Court of Human Rights (ECtHR), with special attention devoted to the ECtHR's landmark decision in Brzeziński v. Poland. The goal of this paper is to clarify the role of ECtHR's approach to fake news, particularly in the context of modern information environments.