Unreliable information on the internet: a challenging dilemma for the law
| Pages | 49-59 |
| DOI | https://doi.org/10.1108/14779960680000281 |
| Date | 01 February 2006 |
| Published date | 01 February 2006 |
| Author | Maurice Schellekens,Corien Prins |
| Subject Matter | Information & knowledge management |
Unreliable information on the internet:
a challenging dilemma for the law
1. INTRODUCTION
Since 1997, a number of studies have been conduct-
ed researching the quality of health related informa-
tion of the Internet.1These studies often found seri-
ous deficiencies in the Internet-based information.
Mostly, the Internet information was tested against
established medical guidelines and expert opinions.
At same time, there are only a few known cases in
which Internet-based health information has had
adverse affects. The lack of quality seems to have
surprisingly little effect, but does it? Eysenbach
indicates that there may be a substantial dark num-
ber, partly because Internet based information may
not be recognised as the cause of ill-effects, partly
because initiatives to register such events lead a mar-
ginal existence and a real systematic registration is
lacking.2Therefore, it is too easy to be content with
the existing situation. In a world of information
overload, it is often extremely difficult to get a grip
on the correctness, completeness and legitimacy of
the information and material available on the
Internet, let alone the objectivity of the information
found.
Often a clear statement regarding the source of
the information is lacking as well as the name,
address and credentials of the information provider.
Also, providers fail to update their site on a regular
basis and websites usually lack a statement describ-
ing what procedure and criteria were used for selec-
tion of the content. But even when these indicators
are available, it still appears difficult for users to
cope with the torrent of information on the Internet
and distill the most appropriate information. Given
Info, Comm & Ethics in Society (2006) 1: 49-59
© 2006 Troubador Publishing Ltd.
Maurice Schellekens and Corien Prins
TILT, Faculty of Law, Tilburg University, P.O. Box 90153, 5000 LE Tilburg, The Netherlands
Email: {j.e.j.prins, m.h.m.schellekens}@uvt.nl
This paper examines what role the law can and should play with regard to unreliable information available on fast com-
munication networks, such as the Internet. Users of electronic information find it increasingly difficult to assess its reli-
ability. The traditional structures for assessing reliability are lacking or function inadequately. Clear social norms have
not yet been developed. As regards the law, traditionally liability law is the first legal guard against undesirable socie-
tal developments. We conclude however, that liability law is an inadequate remedy for unreliable information. Self-reg-
ulatory initiatives such as trust mark seals for websites providing reliable information offer a more promising perspec-
tive, although these also have their limitations, especially in the sphere of enforcement and legitimacy. In this paper,
self-regulation is nonetheless hailed as an important instrument because it provides an indispensable test-bed for more
concrete legal norms derived from reliability criteria for information. Even if self-regulation may not completely mate-
rialise, discussion about self-regulation could be a stepping stone to the development of pertinent social norms.
Keywords: reliability of Internet information, search engines, Internet trust marks, self-regulation, liability
VOL 4 NO 1 JANUARY 2006 49
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