STATEMENT OF FACT OR JUDGMENT OF VALUES: Dimensioning fake news

The focus given to this research is related to the legal repercussions, in the strict sense of verification of falsifiability, as a common unifying element, found in international jurisprudence, especially in that of the European Court of Human Rights, in relation to disinformation. This article will address disinformation not as a modern phenomenon, but rather leveraged through information dissemination technology. At first, the conceptual difficulty of fake news will be addressed, as a core element of viral disinformation. After the conceptualization of fake news, in a multifactor analysis, the dichotomy will be verified about the nature of the message, whether simple statements of fact or evaluative judgment, and what protections or repercussions can be obtained by international human rights norms, using the analysis of specific commentary of the European Court of Human Rights. Finally, it concludes about the need to re-dimension the distinctive concepts between fact and opinion, as an element of informational falsification, to provide greater legal certainty to disinformation injunctions.