可信度效应:诽谤法与受众

The Credibility Effect: Defamation Law and Audiences

Journal of Legal Studies · 2023
被引 3
ABS 3

中文导读

通过实验发现,诽谤法会提高人们对媒体报道的信任度,但这种可信度效应在虚假信息情况下会产生意外后果,如对未起诉的无辜目标造成污名,挑战了现有法律平衡。

Abstract

What should be the legal response to false statements? In the context of defamation law, courts try to set a standard that balances the interests of speakers and their potential targets. This article empirically demonstrates an unappreciated effect of such decisions on third parties: a credibility effect. Using a series of lab experiments, I find that defamation law makes individuals more trusting of reports from various media. This credibility effect is desirable when the report is true but can lead to unintended consequences in the case of misinformation. In particular, the credibility effect is shown to cast a stigma on innocent targets who choose not to file lawsuits. The existence of the credibility effect calls for different balances than are currently employed in defamation law; challenges the vindication justification; and, more broadly, illustrates the limits of policies intended to fight misinformation.

法律经济学媒体与传播行为经济学公共政策