Pre-edition2.3_GIZ Law Journal

Pre-EDITION

FREEDOM OF THE PRESS AND THE RIGHT OF FREE EXPRESSION – RIGHTS WITHOUT LIMITS?

Disinformation campaigns can be defined as selecti- ve and organized attacks towards a specific target like companies, institutions, states or individuals whereat de - monstrably false or misleading information is provided for the main purpose of manipulation. 3 They are aiming at – speaking of the least successful case scenario – cau - sing disturbances and scattering doubt. Regularly imple - mented in the widths of the World Wide Web, their trappy potential unfolds and it’s like the first domino stone to fall. Reaching from bot-networks to private agencies in charge of the distribution, disinformation comes along in different shapes and that’s what makes it hard to allot the order to the initiator or to even see through the mechanism. The psychological momentum and the possible impact of disinformation campaigns is immense, which causes them to be so dangerous. But other than that, there lies another danger of collateral nature: Besides well-organi- zed and often technically infused campaigns where bots do the dirty work, mainstream and social media as well as their consumers and users do (inevitably) engage in spreading the word and tone set by those as a result of them, consciously or unconsciously. Facing the fact, that especially for young people social media serves as the main source of information, this is to be considered a precarious trend. Depending on the context in which such disinformation is placed, they do have the potential to cause severe harm and influence the course of events dramatically as their contents are picked up by journalists and the media in general, too. First attempts in facing the misuse in terms of tech- nology and law How do we cope with that? Is there any type of regula- tion? Or is the responsibility left all-over to the protago- nists of the (social) media world?

Disinformation campaigns: a modern phenomenon Unfortunately, the potential of misusing the tool of news coverage in any form comes along with its benefits and contributions. We have witnessed the phenomenon of disinformation campaigns already several times on infamous occasions. To name a few, the American presidential campaign of 2016 in which the systematic use of misinformation has displayed in front of the eyes of the world. Also in Latin America f. e. during the presidential elections in Brazil or El Salvador where disinformation campaigns and scien- ce denialism belonged to the standard repertoire when it came to attracting voters and securing power 1 . A pri - vate agency operating mainly in London run a campaign by offering money to influencers for spreading wrong in- formation about the Biontech/Pfizer vaccine against Co- vid-19. 2 Or to illustrate a more actual example: The Ukrainian war is as well a battle of the media in which the internet once again is flooded with information of di- fferent sources, each claiming to tell the truth. Frequently, this is broken down into mainstream vs. alternative media and both are regularly confronted with the allegation that the other is painting a wrong picture of the reality to su - pport the political and economic interests of the nations and authorities they want to support thereby. This article does not seek to assess which media should be trusted or consulted, but more to gain awareness on the issue and to stimulate thoughts on where adjustments concer - ning the regulation of the press and social media platfor - ms have to be made and are of service to the ultimate fruitfulness of the exertion of the right of free expression. Because the forementioned campaigns and the syste - matic distribution of misinformation no matter their origin indeed do affect the press and their publications equally.

By: Julia Bayer

Intern Project DIRAJus 02/2022- 04/2022

Talking about the media and its role, ever since it usually takes place in the context of unlimiting the press and defending the right to express oneself freely and in an uncen - sored manner. This applies especially in political unstable regions, where people face systematic discrimination on whatsoever basis or where corruption is the staff of life. Serving as some sort of an additional power that is outsourced of the traditional system of executive, administrative and judicial power it contributes vitally to the establishment and advancement of democracy. The right of freedom of expression and the freedom of the press function as a fundamental element in a system of checks and balances in a wider sense. Undoubtedly, these rights need to be promoted and protected to guarantee transparency on all levels. Nevertheless, other challenges arise out of its utilization as it offers a sail area to those taking advantage of it in an uncandid manner. The question is: What if we looked at this topic from a different angle? If we were to absent ourselves from the one-sided perspective we naturally have towards this sub- ject? Are there adjustments that need to be taken into consideration and deserve to be fostered?

1 https://www.boell.de/sites/default/files/2020-11/201124D_Boell_Perspectivas_Innenteil_Web_FINAL.pdf 2 https://netzpolitik.org/2021/spur-nach-russland-was-hinter-der-influencerkampagne-gegen-biontech-steckt/ 3 https://prevency.com/de/was-ist-eine-desinformationskampagne/

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