RECONSTRUCTING INFORMATION LAW THEORY IN CONFRONTING FAKE NEWS: AN ANALYSIS OF DIGITAL MEDIA ETHICS BASED ON REGULATION AND MAQĀṢID AL-SHARĪʿAH
Syariah: Jurnal Hukum dan Pemikiran, cilt.25, sa.2, ss.325-343, 2025 (Scopus)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 25 Sayı: 2
- Basım Tarihi: 2025
- Doi Numarası: 10.18592/sjhp.v25i2.18181
- Dergi Adı: Syariah: Jurnal Hukum dan Pemikiran
- Derginin Tarandığı İndeksler: Scopus, Directory of Open Access Journals
- Sayfa Sayıları: ss.325-343
- Anahtar Kelimeler: fake news, information law, journalism ethics, maqāṣid al-sharīʿah, media regulation
- Açık Arşiv Koleksiyonu: AVESİS Açık Erişim Koleksiyonu
- Kırklareli Üniversitesi Adresli: Evet
Özet
The development of digital media and information convergence has accelerated the spread of fake news, seriously impacting the quality of democracy, social cohesion, and public trust in the media. This phenomenon has given rise to controversy in journalistic practice and structural challenges for Media and Press Law, particularly in maintaining the balance between press freedom and public protection. Legal approaches that are repressive and reactive are considered incapable of effectively responding to the complexity of the digital information ecosystem. Theoretically, studies of Media and Press Law are still dominated by positive law and conventional journalistic ethics that emphasize criminal sanctions. At the same time, the ethical and preventive dimensions, as well as the normative values of society, have not been adequately integrated. This condition creates a gap between media regulation, digital journalistic practices, and the need to protect the public interest from disinformation. This study aims to reconstruct the theory and approach of Media and Press Law in dealing with fake news by integrating the principle of maqāṣid al-sharīʿah as a normative-ethical framework. The method used is normative legal research with a conceptual and philosophical approach, through an analysis of press and digital information legislation, journalistic ethics literature, and the doctrine of maqāṣid al-sharīʿah. The results of the study indicate that fake news is a form of multidimensional mafsadah that threatens the protection of reason, honor, social life, and public interest. It was found that repressive-oriented Media and Press Laws have not been effective in addressing disinformation and have the potential to weaken press freedom. Conversely, the integration of maqāṣid al-sharīʿah enables a paradigm shift towards a preventive, educational, and equitable approach to media law. This study concludes that the reconstruction of Media and Press Law based on maqāṣid al-sharīʿah is relevant for building ethical and adaptive information governance in the digital era. This study recommends strengthening media policies that prioritize verification, public benefit, and moral responsibility as the main foundations of press regulation.