Page 33 - JDPA Volume 02, Issue 02

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

under human rights law. Laws aimed at addressing vaguely defined concepts of
“disinformation” can lead to the criminalization of permissible content and sig-
nificantly restrict the free flow of information, which can be counterproductive.

Instead, existing legal frameworks, such as those addressing defamation, cyber-
bullying, and harassment, have proven effective in countering specific instances
of disinformation. These laws provide a more precise and targeted means of ad-
dressing harmful content without broadly infringing on freedom of expression.
By focusing on these established legal areas, it is possible to mitigate the negative
impacts of disinformation while maintaining respect for fundamental human
rights.

In sum, the regulation of disinformation requires a nuanced and carefully con-
sidered approach. Broad and overreaching measures risk infringing on freedom
of expression and may worsen public distrust. Instead, targeted regulations that
comply with international human rights standards and focus on significant
harms to public health, electoral integrity, and national security are more ef-
fective. Utilizing existing legal frameworks for defamation, cyberbullying, and
harassment can address specific harmful content without broadly restricting in-
formation flows. This balanced approach ensures that efforts to combat disinfor-
mation do not undermine the very freedoms they seek to protect.

Efforts to address disinformation raises the following concerns
1. Lack of effective participation in the legislative process.
2. Vague definitions of disinformation.
3. Excessive or disproportionate sanctions.
4. Outsourcing content moderation to private companies.
5. Internet shutdowns/blocking of websites and outlets.
6. Role of public officials.

Conclusion

While digital technologies can play a role in addressing the spread of disinfor-
mation, they do not offer a simple solution. States bear the primary responsibility
for countering disinformation by respecting, protecting, and fulfilling the rights
to freedom of opinion and expression, privacy, and public participation. Effec-
tive responses must be multifaceted and context-specific, involving lasting in-
vestments in building societal resilience and enhancing media and information
literacy. Empowering individuals to identify, critically analyze, and counter dis-
information is essential. Additionally, fostering a free and plural public debate
is crucial for creating an informed public that is resilient to the impacts of disin-
formation.

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