Ryan Kraski

Document Type




When asking how fake news in social media can be combated under U.S. and German law, one must first take the systems’ most fundamental differences into consideration. U.S. law is characterized by its federal structure, the interaction of state laws often with the federal, U.S. Constitution, usage of pretrial discovery, as well as the role of juries in calculating damages. In contrast, Germany, as a civil law system, is characterized by its usage of separate legal actions to acquire information, lack of pretrial discovery, and broader array of available remedies, none of which allow for punitive damages. Through a brief analysis of these systems’ procedures, causes of action, and remedies, it will become apparent that the U.S. system takes an approach leading to more frequent and higher value damage awards. Germany, in contrast, makes greater usage of its other available remedies. This Article sets out to demonstrate the available legal tools for combating fake news in social media.



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