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FEUDING WITH FAUCI: TOWARDS A TORT OF RECKLESS DISSEMINATION OF MEDICAL MISINFORMATION.

FEUDING WITH FAUCI: TOWARDS A TORT OF RECKLESS DISSEMINATION OF MEDICAL MISINFORMATION.

Authors :
Patterson, Flint
Source :
University of Toronto Faculty of Law Review. Spring, 2022, Vol. 80 Issue 2, p264, 43 p.
Publication Year :
2022

Abstract

INTRODUCTION 265 I THE FACTUAL CONTEXT: INFODEMICS ARE AN ENDURING PUBLIC HEALTH ISSUE 267 II THE INTERESTS AT PLAY: BODILY INTEGRITY VERSUS MEDICAL AUTONOMY 271 A. The Right to Medical [...]<br />The COVID-19 pandemic has brought about a misinformation crisis which many public health experts have deemed an "infodemic". The putative result of the infodemic has been a widespread crisis of faith in medical science, with large swaths of the public refusing to seek effective treatment and observe public health protocols. This problem demands comprehensive political, legal, and scientific interventions. This article contributes to the discussion on legal interventions by asking the following question: who, if anyone, should be liable in private law for the dissemination of medical misinformation? This article contends that any remedy for medical misinformation must strike a fine balance between the right to bodily integrity and the pressing and substantial public interest in medical dialogue. The existing proposals of platform liability and the current negligent misrepresentation framework fail to strike such a balance. This article instead proposes the creation of a new tort termed "reckless dissemination of medical misinformation", which would target subjectively irresponsible medical misstatements. The tort would combine the structure of the negligent misrepresentation tort with defenses from defamation law in order to create a remedy which combats medical misinformation without unduly curbing medical dialogue. KEYWORDS COVID-19; Infodemic; Medical Misinformation; Reckless Dissemination; Defamation; Negligent Misrepresentation

Details

Language :
English
ISSN :
03811638
Volume :
80
Issue :
2
Database :
Gale General OneFile
Journal :
University of Toronto Faculty of Law Review
Publication Type :
Academic Journal
Accession number :
edsgcl.748995737