Prerequisites for the legal mechanisms development to combat disinformation in social media in the context of national security: problem statement

Abstract

The article deals with the preconditions for the legal mechanisms development to combat disinformation in social media in the context of national security. The conclusion is formulated on the necessity of the development of such mechanisms on the basis of constitutional freedom of speech principle, with legislative definition of the exclusive possible restriction list in social media for the sake of national security. It is noted that the difference between legal and corporate internal norms of regulation of social media companies directly affects the effectiveness of national interests’ protection both in the United States and Ukraine. It is concluded that compared to the US government, Ukrainian government has broader constitutional preconditions for the national security interests’ protection, particularly in connection with Russian Federation aggression. It is noted that regulations on combating disinformation in social networks should take into account international human rights requirements, national interests, as well as business processes of social media companies.