Page 27 - JDPA Volume 02, Issue 02

Journal of Defence & Policy Analysis Volume 02, Issue 02, December 2023

LEGAL ASPECTS AND CHALLENGES IN
CONFRONTING DISINFORMATION

Mr. Nerin Pulle,
Additional Solicitor General (AGs Department)

Introduction

Nerin Pulle, LL.B,LL.M, President’s Counsel and Additional Solicitor General,
delves into the intricate terrain of addressing disinformation while respecting
individuals’ rights to receive and express information across various mediums.
He emphasizes the nuanced nature of these rights, recognizing that they are not
absolute and may be subject to certain restrictions. Drawing on historical legal
frameworks, Pulle highlights how issues like defamation, slander, and misrepre-
sentation have long been addressed within legal spheres. However, he acknowl-
edges the profound impact of the digital era, where disinformation has evolved
into a formidable challenge, propelled by unregulated digital communication
channels that defy traditional legal controls.

The proliferation of digital platforms has exponentially amplified the spread of
inaccurate information, presenting unprecedented challenges. Pulle denotes that
historically, state-enacted laws targeted falsehoods, encompassing areas such as
defamation, fraud, false advertising, and perjury. The contemporary discourse on
disinformation reflects the rapidly evolving communications landscape, driven
by innovative technologies.

However, Pulle notes the absence of a universally accepted definition of “dis-
information.” While various entities like the International Telecommunication
Unions and UNESCO have attempted to define it as false or misleading content
causing specific harm, ambiguity persists. This ambiguity raises crucial ques-
tions regarding the restriction of expressions like irony, satire, parody, or humor,
which may challenge societal norms under the guise of combating disinforma-
tion.

Within this complex legal context, numerous challenges emerge as the right
to freedom of expression encounters limitations. Pulle stresses the importance
of exercising caution to avoid overly restrictive measures when curbing disin-
formation. He advocates for a delicate balance between preserving freedom of

Faculty of Defence and Strategic Studies, General Sir John Kotelawala Defence University, Sri Lanka
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