The massive spread of fake news has become a major threat to people and also to institutions. Although we already knew the magnitude of the damage that this type of action can cause, with the assault on the United States Capitol in the last days of the “Trump” era, the entire world has been shocked by the scope these events have acquired. The social network Twitter chose to close his account but the damage had already been done. Are the current defensive systems an adequate framework to combat fake news? There is also the role of the large platforms through which those false news are spread. Would an administrative sanction be appropriate?
Pedro Apalategui, Malaga criminal lawyer, in his article published in the General Council of Spanish Lawyers answers these questions and also makes a detailed legal analysis of the problem of fakes news: