ABSTRACT
Do we need specific legislation to fight misinformation in referenda? Would such a law be opportune, or would it raise more problems than it solves? This chapter tries to show that one cannot start thinking about these questions without a precise definition of misinformation. It starts from the definition adopted by the French parliament in 2018 to fight the “manipulation of information”. The chapter shows the merits and defects of this definition especially as applied to the context of a referendum. It insists that every false statement of fact does not qualify as misinformation. The expression must have the appearance of a reliable statement. Furthermore, only statements of facts should be targeted, not the expression of opinions. The misinformation should also be linked closely enough to the topic of the referendum. Finally, the falsity should be obvious, in order to allow for a quick and efficient intervention.
