Lüge und Fake News

Abstract

Fake news and conspiracy theories are current problems that are increasingly influencing political and social processes. In particular, whether and how legal action should be taken against them, for example, on internet platforms and social networks, is a matter of current debate. Philosophers already discussed the legal relevance of truthfulness at the Enlightenment, where the basis of modern legal systems was drafted. The German philosopher Immanuel Kant, for example, argued for an unconditional duty of truthfulness, which is why he has been accused of a rigorous view even today. I will present a less rigorous interpretation, in which lies are always ethically reprehensible but can only be prosecuted if they violate an external legal good. That means, based on Kant’s Philosophy, fake news cannot be forbidden in general. However, fake news that inevitably leads to legal damage must be prosecuted, such as inciting violence or giving bad medical advice.