Gespenst oder Gefahr?

Fake news challenges society and law. This thesis analyzes the phenomenon comprehensively: definition, dissemination, effects and digital amplification through AI and algorithms. It examines in detail the instruments of German law for their suitability and limits in dealing with disinformation. The work sheds light on the tension between state paternalism, third-party protection and individual fundamental rights. Based on this analysis, the possibility of a constitutionally compliant “protection of truth” is developed and critically discussed as a potential solution, also taking international dimensions into account.