Die Strafbarkeit der Verbreitung von Fake News - Regulierungsmechanismen zur Bekämpfung moderner Ers

There is almost a societal consensus that fake news proves to be detrimental to discourse in a democratic context and in a pluralistic society. Based on this thesis, the author captures the actual potential for harm using empirical data in an interdisciplinary approach. Subsequently, the author examines existing regulatory mechanisms de lege lata, with a particular focus on the Network Enforcement Act (NetzDG) and criminal law. Due to the identified need for problem-solving mechanisms, the author then looks at possibilities for the genesis of (criminal) law. In doing so, he draws on insights from his comparative legal analysis and develops, based on the individual legal good of an uninfluenced decision-making process, a proposal for a solution within the framework of constitutional criminal law analysis.