In the European Union, if a platform like Wikipedia (or an equivalent) contains missing, inaccurate, or digitally altered information, it may violate several laws and regulations, depending on the context and nature of the content. Here are the key legal frameworks involved:
1. General Data Protection Regulation (GDPR)
- Context: If the incorrect or altered information involves personal data (e.g., biographies, details about individuals), the GDPR applies.
- Obligations:
- Accuracy of Data (Article 5.1.d): Personal data must be "accurate and, where necessary, kept up to date."
- Right to Rectification (Article 16): Individuals have the right to request the correction of inaccurate data about them.
- Accountability: Data controllers (e.g., platform administrators) must ensure data accuracy and allow for corrections.
2. E-Commerce Directive (2000/31/EC)
- Context: Applies to online platforms like Wikipedia, which are considered "hosting service providers."
- Obligations:
- Limited Liability (Article 14): Hosts are not liable for stored user-generated content, provided they act promptly to remove or disable access to illegal content once notified.
- Notice and Takedown: If content is reported as false or illegal, the platform must remove it quickly to avoid liability.
3. Digital Services Act (DSA)
- Context: Enforced since 2024, the DSA strengthens obligations for online platforms, especially regarding content moderation and transparency.
- Obligations:
- Combating Disinformation: Very large platforms (with over 45 million users) must implement mechanisms to limit the spread of false information.
- Transparency: Users must be able to easily report misleading or false content.
- Increased Accountability: Platforms must cooperate with authorities to correct or remove false or manipulated information.
4. Right to Information and Freedom of Expression
- Context: The EU protects freedom of expression (Article 11 of the Charter of Fundamental Rights), but this right is not absolute.
- Limitations:
- Knowingly spreading false or manipulated information can be considered defamation, an infringement of privacy, or a criminal offense (e.g., fake news).
- In France, the 2018 law against the manipulation of information allows for the removal or delisting of false information during electoral periods.
5. Civil and Criminal Liability
- Context: If false or altered information causes harm (e.g., damage to reputation or financial loss), affected parties can take legal action for:
- Defamation (Article 29 of the French Press Law of 1881).
- Denigration or Unfair Competition (for businesses).
- Moral or Material Damages (claims for compensation).
What to Do If You Encounter False Information?
- Report the content to the platform and request correction or removal.
- Exercise your right to rectification (under GDPR) if personal data is involved.
- Contact the relevant authorities (e.g., CNIL in France for personal data issues, or pursue legal action for illegal content).
Summary
A platform like Wikipedia (or an equivalent) that disseminates false or altered information may violate:
- GDPR (for personal data).
- DSA (transparency and moderation obligations).
- Civil or criminal law (defamation, fake news, etc.).
If you have a specific case in mind, I can help you identify the appropriate legal recourse. Would you like more details on any of these aspects?