The rise of the internet and the increasing prevalence of fake news presents contemporary challenges to democracy and the jurisdictions which seek to uphold it through developing digital resilience within their domestic legal frameworks. This chapter explores innovative mechanisms across jurisdictions to mitigate the challenges presented by fake news. Part I considers the executive model implemented in Argentina which serves as a potential framework that could be sewed into the existing fabric of Australia’s administrative law and judicial decision-making. Part II considers the historic role of the judiciary as determiners of truth in Australia’s common law and whether the existing court system is resilient enough to respond to these contemporary threats. Part III evaluates Australia’s administrative law as a means of facilitating a supposed ‘Truth Tribunal’, assessing the opportunities and barriers that may hinder the effectiveness of this model. Ultimately, this chapter will flesh out the utility of the judiciary as arbiters of truth and highlight the real limitations that exist within Australia’s current administrative law.

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Truth Tribunals and Arbiters of Truth Using the Judiciary to Build Resilience

  • Hamish Charles McNamara

摘要

The rise of the internet and the increasing prevalence of fake news presents contemporary challenges to democracy and the jurisdictions which seek to uphold it through developing digital resilience within their domestic legal frameworks. This chapter explores innovative mechanisms across jurisdictions to mitigate the challenges presented by fake news. Part I considers the executive model implemented in Argentina which serves as a potential framework that could be sewed into the existing fabric of Australia’s administrative law and judicial decision-making. Part II considers the historic role of the judiciary as determiners of truth in Australia’s common law and whether the existing court system is resilient enough to respond to these contemporary threats. Part III evaluates Australia’s administrative law as a means of facilitating a supposed ‘Truth Tribunal’, assessing the opportunities and barriers that may hinder the effectiveness of this model. Ultimately, this chapter will flesh out the utility of the judiciary as arbiters of truth and highlight the real limitations that exist within Australia’s current administrative law.