CRIMINALIZATION OF FAKE NEWS ON SOCIAL NETWORKS: NEED FOR INTERVENTION OR SYMBOLIC CRIMINAL LAW?

Proliferation of fake news on social networks has increased social and political concern about the risks that this phenomenon can cause in an edemocracy. Although criminal law seemed to remain in the background, the truth is that there has been a rise in doctrinal concern about what should be their degree of intervention. Consequently, in this work there is an attempt to study more deeply the current situation between our criminal law system and this phenomenon. Furthermore, the article offers an interesting reflection on whether it is necessary to regulate the effects which this new technological challenge are being attribuited. The main purpose is to show the extent to which basic guarantee principles could be violated if this regulation were to prosper.