Page 29 - JDPA Volume 02, Issue 02

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

disturbance, irrespective of their accuracy. Prohibitions on expressions of erro-
neous opinions or interpretations of past events are not permissible under the
Covenant.

However, the freedom of expression is not absolute. Restrictions must adhere to
specific criteria outlined in Article 19(3) of the Covenant and may not go beyond
what is permissible under international law. Additionally, Article 20(2) of the
Covenant mandates the prohibition of propaganda for war or advocacy of ha-
tred that incites discrimination, hostility, or violence, further emphasizing the
need for a careful balance between freedom of expression and protection against
harmful speech.

Moreover, Articles 21 of the UDHR and 25 of the Covenant underscore the right to
participate in public affairs, which necessitates the free flow of information and
ideas about public and political issues. This includes a free press and unrestricted
media capable of informing public opinion without censorship. While these le-
gal frameworks were not explicitly designed to combat disinformation, they can
effectively mitigate its spread when applied within the confines of legitimate re-
striction grounds outlined in Article 19(3) of the Covenant.

The Rabat Plan of Action provides useful guidance in this regard, the six factors
outlined in the Rabat Plan of Action on the prohibition of advocacy of national,
racial or religious hatred that constitutes incitement to discrimination, hostility
or violence, can provide helpful guidance.

These include:
1. The context of the statement,
2. The status of the speaker,
3. The intent to incite the audience against a target group,
4. The content and form of the expression,
5. The extent of its dissemination and
6. The likelihood of harm.

State approaches to address disinformation

Addressing the multifaceted phenomenon of disinformation is a daunting chal-
lenge in today’s interconnected world. With the rise of digital platforms and the
ease of sharing information, the spread of false or misleading content has become
pervasive, impacting societies on a global scale. Tackling this complex issue re-
quires a comprehensive approach that addresses the root causes of disinforma-
tion while promoting transparency, access to reliable information, media free-
dom, and digital literacy.

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