What do experts suggest to balance these two important rights?
In the context of the COVID-19 pandemic, free speech and protecting public health have, at times, been at odds with one another. In a broader context, though, these two ideals are very aligned. They both represent important human rights. Societies generally have been healthier throughout history when narratives on things like religion, politics, health, and science aren't restricted.
In the long run, the best offense is a good defense. Teaching robust, age-appropriate information literacy skills and how to avoid confirmation bias throughout the educational experience will prepare people to be more discerning and less susceptible when they come into contact with false information. In the meantime, though, many creative pathways have been proposed.
Proposals for the Government
Sanctioning professional recommendations that patients undertake illegal or dangerous treatments and enforcing tort law actions in cases that result in alleged patient injury
Imposing sanctions on individualized medical advice by unlicensed individuals or organizations practicing medicine without a license
Imposing sanctions for false or misleading information offered to obtain a financial or personal benefit
Threatening disciplinary action by licensing boards against health professionals when their speech to patients portrays incorrect science or substandard medicine
Expanding the FTC’s supervisory and rulemaking authority
Expanding the FCC’s broadcast regulatory authority over social media-based comms/news
Passing laws to address high risk social media algorithms, such as the Algorithmic Accountability Act or the Protecting Americans from Dangerous Algorithms Act
Banning behavioral advertising & microtargeting/hyper-personalization on social media
Addressing foreign interference & manipulation via states or state-sanctioned actors online
Taking down coordinated bot networks and automated accounts
Proposals for Professional Organizations
Proactively engaging with patients and the public on health misinformation, often called "pre-bunking"
Making use of technology and media platforms to share accurate and engaging health information with the public
Partnering with community groups, other local organizations, and trusted community leaders to prevent and address health misinformation
Proposals for Relationships & Communication
Understanding your audience and tailoring the messages to appeal to them
Communicating in a way that respects individual autonomy but considers collective burden
Avoiding manipulation and coercion
Being honest and transparent, communicating uncertainty when it is present
Avoiding “blaming the victim”
Providing information that is actionable
Providing information that is developed through systematic, transparent and evidence‐informed processes
Proposals for Social Media Companies
Assessing the benefits and harms of products and platforms and take responsibility for addressing the harms
Giving researchers access to useful data to properly analyze the spread and impact of misinformation
Strengthening the monitoring of misinformation
Proactively addressing information deficits (pre-bunking)
Amplifying communications from trusted messengers and subject matter experts
Prioritizing protecting health professionals, journalists, and others from online harassment
Adding a function that allows users to fact check and rate the reliability/accuracy of the post
Proposals for Journalists and Media Organizations
Training journalists, editors, and others to recognize, correct, and avoid amplifying misinformation
Proactively addressing the public’s questions
Providing the public with context to avoid skewing their perceptions about ongoing debates on health topics
Carefully reviewing information in preprints
Using a broader range of credible sources— particularly local sources
Considering headlines and images that inform rather than shock or provoke
References:
Center for Humane Technology (2022). Policy reforms toolkit. HumaneTech.com. Retrieved on June 19, 2022, from https://www.humanetech.com/policy-reforms
Murthy, V. H. (2021). Confronting health misinformation: The U.S. Surgeon General's advisory on building a healthy information environment. HHS.gov. Retrieved on June 19, 2022, from https://www.hhs.gov/sites/default/files/surgeon-general-misinformation-advisory.pdf
Oxman, A. D., Fretheim, A., Lewin, S., Flottorp, S., Glenton, C., Helleve, A., Vestrheim, D. F., Iverson, B. G. & Rosenbaum, S. E. (2022). Health communication in and out of public health emergencies: To persuade or to inform?. Heath Research Policy and Systems, 20:28. https://doi.org/10.1186/s12961-022-00828-z
Sage, W. M. & Yang, Y. T. (2022). Reducing "COVID-19 misinformation" while preserving free speech. Journal of the American Medical Association, 327(15), 1443-1444.
van der Linden, S. (2022). Misinformation: susceptibility, spread, and interventions to immunize the public. Nature Medicine, 28, 460-467. https://doi.org/10.1038/s41591-022-01713-6
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