National interests of the state and the possibility of restricting the right to freedom of speech: the question of correlation

Abstract

The article examines the possibility of restricting the right to freedom of speech in order to protect the national interests of the state. An analysis of normative legal acts prohibiting the dissemination of destructive information, such as calls for a violent change in the constitutional order of Ukraine, the outbreak of aggressive war, incitement to national, racial or religious hatred, etc. The right to freedom of expression is not absolute and may be limited. The article substantiates the criteria for state intervention in the information sphere, which allow limiting the dissemination of destructive information and preserving democratic values. Such criteria include the legality of the procedure, the legality of the purpose and the minimum amount of intervention. The article considers the existing mechanisms in Ukraine to respond to harmful informational influences. The law provides for liability for disseminating false information at several levels: civil, administrative and criminal. At the same time, these mechanisms are insufficient, as the concepts of «misinformation», «fake», etc. are not normatively defined. The article describes the state policy to combat destructive information influence. The bases of activity of state bodies created for the purpose of counteraction to dissemination of misinformation and propaganda are considered, namely the Center of counteraction of misinformation at Council of National Security and Defense of Ukraine and the Center of Strategic Communications and Information Security at the Ministry of Culture and Information Policy. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered.