“”Defining ‘misinformation’ is a challenging task, and any definition has limitations,” Murthy concedes. “One key issue is whether there can be an objective benchmark for whether something qualifies as misinformation. Some researchers argue that for something to be considered misinformation, it has to go against ‘scientific consensus.’ Others consider misinformation to be information that is contrary to the ‘best available evidence.’ Both approaches recognize that what counts as misinformation can change over time with new evidence and scientific consensus. This Advisory prefers the ‘best available evidence’ benchmark since claims can be highly misleading and harmful even if the science on an issue isn’t yet settled.”
Who decides what the “best available evidence” indicates? Trusting government-appointed experts with that job seems risky, to say the least.”
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“If those recommendations become commands, they would clearly impinge on the First Amendment rights of social media companies and people who use their platforms. But even if such regulations could pass constitutional muster, they would face the same basic problem as voluntary efforts to curb “misinformation”: Once you get beyond clear examples like warnings about vaccine-induced mass sterility, misinformation is in the eye of the beholder.”