Last Updated on: 18th October 2023, 09:02 am

Conveying False Information: Understanding the Laws and Implications

The spread of false information, intentional or not, can have serious consequences. That’s why there are laws at both the state and federal level prohibiting certain kinds of false statements or hoaxes. Understanding these laws, the motivations behind spreading falsehoods, and the defenses available is important.

The broadest federal law is 18 U.S. Code § 1038. This law makes it illegal to engage in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of various other laws. It also prohibits false information regarding death, injury, capture, or disappearance of military personnel.

For example, calling in a fake bomb threat to a school would violate 18 U.S. Code § 1038 because it is false information that could reasonably be believed and cause evacuation and panic. Someone tweeting false information about the outbreak of war could also be charged under this law.

The penalties for violating 18 U.S. Code § 1038 include fines and up to 5 years in prison. If serious bodily injury results, the penalty can be up to 20 years. And if a death results, the person conveying the false information can be sentenced to life in prison.

What Motivates the Spread of Misinformation?

There are a variety of motivations that lead people to spread false information according to research ([1], [2]):

• Anxiety or nervousness during uncertain events leads people to uncritically share information.
• Desire to make sense of confusing situations by latching onto unverified rumors.
• Confirmation bias leads people to share claims that match their existing beliefs.
• Deliberate intent to manipulate others through disinformation campaigns.
• Financial incentives to generate engagement through shocking or emotionally provocative misinformation.

Factors that increase the likelihood of someone spreading misinformation include ([3]):

• Information comes from a source perceived to be credible or authoritative.
• Misleading claims are accompanied by images, statistics, or other “evidence.”
• The false content elicits strong emotions like fear, disgust, or outrage.
• The person has lower levels of analytical thinking and higher faith in intuition.
• Belief that the ends justify the means when spreading claims aligned with one’s ideology.

However, research also shows that people are much less likely to share information they know is false, especially if it would clearly harm others. This suggests many cases of misinformation spreading come from a lack of awareness rather than malicious intent.

Defenses Against Conveying False Information Charges

Despite the harms misinformation can cause, there are legitimate legal defenses if you are accused of conveying false information ([4], [5]):

• Free speech: The First Amendment protects even false statements in many cases. However, speech directly inciting lawless action or causing public panic may be prohibited.
• No intent: Prosecutors must prove you knew the information was false and purposely intended to mislead. Mistakenly sharing false claims would not be criminal.
• Misinterpretation: Your statements may have been hyperbolic, sarcastic, or misunderstood rather than intentionally deceitful.
• Diminished capacity: Mental illnesses like schizophrenia that cause detachment from reality could negate intent to deceive.
• Entrapment: Law enforcement coercing you into spreading false information could constitute entrapment.

The application of defenses depends heavily on the specific context and nature of the alleged false statements. An experienced attorney can advise you on the best defense strategy for your unique situation.

What to Do If Charged with Conveying False Information

If questioned or charged by law enforcement regarding allegedly conveying false information:

• Politely decline to answer questions without your attorney present.
• Do not try to argue or justify your actions.
• Hire an experienced criminal defense lawyer as soon as possible.
• Follow your lawyer’s advice about responding to allegations.
• Your lawyer can argue defenses like free speech protections and lack of intent.

Cooperating fully with law enforcement is generally not advisable without first discussing your case with counsel. What seems like an innocent misunderstanding to you could potentially be constructed as an intentional hoax or concealment of the truth.