Thread by @Tariku_TAD

So from the thread @Qnie_Addis I have had some discussions with colleagues and made some inquires on the @CNN and @nimaelbagir's #Fake news against #Ethiopia on their 'news report'. 1/14
Please read this thread @Qnie_Addis @EthThinker @MimiH87987850 @PLPSD @dejene_2011. 🙏

First, the best way, I think, is to assert based on the US laws. That means, they can be responsible for violating the laws of the US especially concerning fake news. But, due to the First Amendment that provides wider protection to freedom of speech this task is no easy. 2/14

The reason is simple, the US does not have laws against fake news. Of course there is fake news. But the US law favors freedom of speech more. They have their own philosophy. Yet, that does not mean freedom of speech is absolute. 3/14

So, what constitutes fake news in the US in a manner not conflicting with the 1st amendment?
It would be: “articles that suggest, by both their appearance and content, the conveyance of real news, but also knowingly include at least one material factual assertion that is... 4/14

...empirically verified as false and that is not otherwise protected by the fair report privilege.”
This is very interesting and quite relevant to our case, i.e. @CNN’s report of @nimaelbagir’s ‘investigated news.’ This could be one. 5/14

Secondly, #FakeNews in the above sense is provided under the #Federal Criminal Law of the #USA.
The #Federal Criminal Federal of USA under Chapter 47, section 1038 stipulates “false statement and hoax.” Accordingly sec 1038 states as follows: 6/14

“Whoever engages 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... 7/14

... constitute a violation of (for example) chapter 113B.”
Chapter 113B provides crime of “#Terrorism.” This is very important because the report by @nimaelbagir is highly associated to help #TPLFisaTerrorist. Thus @CNN’s report can be construed in that manner. 8/14

Thirdly, it is also important to consult the US #Federal Communications Commission (#FCC)’s rule on “broadcasting #hoaxes” that provides legal limitations on licensed or permitted broadcasting #station in the US. It typically includes @CNN. 9/14

The FCC's rule simply provides the things @CNN should not do in its broadcasts. It provides 3 cumulative requirements:-
1) it knows the information is false,
2) if it is foreseeable/predictable that the information will cause substantial harm, and... 10/14

...3) the broadcasted information actually caused substantial public harm.
As I followed the thread @Qnie_Addis, @CNN’s broadcast of @nimaelbagir's fictitious report qualifies all the above three requirements. (please see the thread @Qnie_Addis) 11/14

Fourthly, who would bring the action (be a plaintiff) against @CNN?
And by asserting whose interest should the plaintiff bring the action?
This is important because this plaintiff must show “public harm” as a result of the false information/report/news. 12/14

Per the finding of my preliminary inquiry, #Ethiopians in the US may bring action against @CNN for its violation of the Federal Law.
On the issue to whom may it be brought/sued/filed, it can be to the US #Courts; or/and #Administrative organs. 13/14

I think, it will send very important message to @CNN & @nimaelbagir as well as other hypocrite medias and ‘journalists.’
#ThankYou for you attention. I know it is not enough but I hope it would spark issues for better ideas and action. 14/14

here is the thread from @Qnie_Addis on the factual and empirical grounds that qualifies the @CNN's @nimaelbagir's fictitious report/news. So relate the legal assertions/analysis with these factual analysis.

https://twitter.com/Qnie_Addis/status/1442859308018855942?s=20