Page 28 - JDPA Volume 02, Issue 02

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

expression and judiciously imposing restrictions, navigating the legal intricacies
inherent in tackling disinformation effectively.

The analysis of disinformation

The analysis of disinformation is multifaceted, as it arises in various contexts
such as electoral processes, public health, armed conflict, minority rights, and
climate change. Its impact spans a range of human rights, disrupting individuals’
ability to make informed decisions about policies, the environment, crime, mi-
gration, education, and other public interest issues. When disinformation threat-
ens human rights, states have a duty to take appropriate steps to address these
harmful impacts.

The key challenge confronting us today is how to navigate this evolving process
while balancing it with the protection and promotion of human rights and inter-
national peace and security. The human right to freedom of expression encom-
passes not only favorably received information but also ideas and information
that may “shock, offend, or disturb,” regardless of the truth or falsehood of the
content. Mere inaccuracy of information should not automatically lead to the
curtailment of freedom of expression due to its potential to shock, offend, or dis-
turb. Careful consideration of both the method of curtailment and the approach
to addressing such instances is essential. Striking a balance is crucial to ensure
that corrective measures are taken without infringing upon the fundamental
right to access information. The challenge lies in determining the appropriate
mechanisms for addressing these concerns while respecting both the right to ex-
press and receive information.

Legal framework in international human rights law

Disinformation’s potential impact on societies is profound, posing a threat to a
wide array of human rights. Recognizing this, both the United Nations General
Assembly (UNGA) and the Human Rights Council (HRC) have emphasized that
responses to its spread must align with international human rights law. Uphold-
ing individuals’ freedom of expression, including the right to seek, receive, and
impart information, is paramount. However, such freedoms can be subject to lim-
itations meeting specific criteria, such as protecting others’ rights or reputations,
national security, public order, health, or morals. This balancing act is enshrined
in Article 19 of the Universal Declaration of Human Rights (UDHR) and the In-
ternational Covenant on Civil and Political Rights (ICCPR).

Article 19 of both the UDHR and the ICCPR safeguards not only the right to hold
opinions without interference but also the broader freedom of expression, en-
compassing the dissemination of information and ideas through any media, re-
gardless of frontiers. Importantly, this freedom extends beyond merely favorable
content to encompass ideas or information that may provoke shock, offense, or

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