Critical assessment of enacted legislation concerning disinformation in the Americas

The presentation analyzes the constitutional protection of truthful information and accuracy in the Americas. From this starting point, reviews whether there is some constitutional protection of false speech, considering the enacted legislation in the Americas criminalizing fake news. The presentation concludes that in the majority of the cases, the pieces of legislation create a situation in which Government entities define an “official truth,” particularly when media outlets interpret and frame the news. In this way, these regulations are “overinclusive” over speech protection. This situation creates a paradox in which the criminalization infringes its constitutional protection in the name of freedom of speech.