International-Legal Approaches and National-Legal Regulation of Counteraction to Misinformation

Abstract

The article analyzes some aspects pertaining to the issues of counteraction to misinformation. The subject of the study encompasses the relations arising in the field of international-legal and national-legal regulation of this activity. In March 2021, the Center for Counteracting Disinformation was established in Ukraine. Its development under the influence of threats to the state’s information security requires a detailed analysis of theoretical and legal foundations of countering disinformation, taking into account the fundamental principles of freedom of thought and speech. The aim of the article is to reveal international legal approaches and national legal regulation of countering disinformation. Theoretical methods of analysis, synthesis and comparison were used in the process of research. In particular, the work provided an analysis of international law, as well as the European Union initiatives aimed at combating misinformation. The comparative-legal method was used in conducting a comparative study of international and Ukrainian legislation. The article presents the outcomes of the analysis of the empirical basis of the study, namely: international law and domestic regulations of Ukraine, research works, etc. The methodological approach to the study of international legal issues and national legal regulation of countering disinformation is based on the fundamental principles of freedom of thought and speech and their mandatory consideration in the development of a new legislation. The research reveals the presence of several groups of government experts within the UN system who focused on studying the issues related to cyber operations, the use of ICT that contradicts the norms of a responsible behavior of states. They proved that the issue of countering misinformation had not yet been resolved. On the basis of the Tallinn Handbook 2.0 analysis, the author concluded that the interference in the spheres of elections, health care system and other areas pertaining to state sovereignty through disinformation operations could be interpreted as contrary to the international law provisions.