Online Disinformation and Political Discourse: Applying a Human Rights Framework

“There is a widespread desire to tackle online interference with elections and political discourse. To date, much of the debate has focused on what processes should be established without adequate consideration of what norms should underpin those processes. Human rights law should be at the heart of any discussion of regulation, guidance, corporate or societal responses. The UN Secretary- General’s High-level Panel on Digital Cooperation has recently reached a similar conclusion, stating ‘there is an urgent need to examine how time-honoured human rights frameworks and conventions should guide digital cooperation and digital technology’. This paper attempts to contribute to this examination. Chapter 2 of this paper clarifies terms and concepts discussed. Chapter 3 provides an overview of cyber activities that may influence voters. Chapter 4 summarizes a range of responses by states, the EU and digital platforms themselves. Chapter 5 discusses relevant human rights law, with specific reference to: the right to freedom of thought, and the right to hold opinions without interference; the right to privacy; the right to freedom of expression; and the right to participate in public affairs and vote. Chapter 6 offers some conclusions, and sets out recommendations on how human rights ought to guide state and corporate responses.”