UCLA Entertainment Law Review
Correcting Digital Speech
- Author(s): Lund, Jamie
- et al.
The market for information has changed dramatically in the past
decade with the popularization of the Internet, the exponential growth
in number and variety of speakers, and the increased democratization
of speech. These shifts have made digital media particularly
vulnerable to harm from information pollution; the information market
is not as capable as it once was of ensuring that the truth prevails.
Anecdotal evidence suggests that information consumers are not
looking for the truth, but rather, for information that confirms their
own pre-existing biases. Moreover, there is significant evidence that
people are resistant to changing their minds from what they had
previously believed, even if it is later proven to be false. Combined,
market failures in disseminating information and personal heuristics in
interpreting information suggest that the remedy of more speech to
combat false or defamatory speech is not as effective as once thought.
Instead, First Amendment jurisprudence should be rebalanced to allow
for a general right of correction for digital speech.