Legislating on Fake News: Implications for Legislative Rationality

Authors

  • Yvonne Georgina Tovar Silva Autonomous University of Baja California

DOI:

https://doi.org/10.59673/amag.v2i2.80

Keywords:

law, legislative rationality, fake news, post-truth, ethics of the legislator, legal argumentation

Abstract

This paper aims to explore the scope of fake news and the problems it generates in decision making. In the legislative sphere, references to fake news can lead to the failure of achieving certain political, economic, social and cultural objectives required by the State or to give an improper interpretation to the values that need to be safeguarded in the Rule of Law. Therefore, it is essential to strengthen the ethical commitment of the legislator, reinforce the rational and dialogic nature of parliamentary work, as well as encourage citizen participation in criticizing the activity of the legislator, with the aim of reducing the risk of the manipulation and falsification of certain news that negatively affects the content of state regulations.

Author Biography

Yvonne Georgina Tovar Silva, Autonomous University of Baja California

Ph.D., Master’s, and Bachelor’s in Law from the Faculty of Law at UNAM. Master’s in International Law from the Universities of Chile and Heidelberg. Postdoctoral studies in New Challenges of Public Governance at the University of Salamanca, Spain. National Researcher Candidate, CONACYT. Professor at the Faculty of Law, UNAM.

Published

2024-08-18

Issue

Section

Essays