New Technologies in International Law / Tymofeyeva, Crhák et al.

right to privacy (Article 17 of the International Covenant on Civil and Political Rights [ICCPR]) must be considered. Additionally, in certain instances, the dissemination of disinformation can encroach upon the fundamental principle of non-discrimination. This occurs when false or misleading information is deliberately aimed at specific soci etal groups, such as migrants or particular communities, with the malicious intent of sparking violence, nurturing discrimination, or inciting hostility. In other words, disin formation doesn’t merely represent a passive spread of falsehoods; it can be weaponized as a tool to actively perpetuate prejudices and divisions within society. In some circumstances, hate speech-containing misinformation could potentially be considered a violation of Article 20(2) ICCPR. One could even contend that war propa ganda violates the right to life of individuals guaranteed by Article 6 ICCPR by fanning the flames of hatred and violence, as is the case with Russian disinformation regar ding Ukraine. 724 Disinformation may also infringe the freedom of opinion enshrined in Article 19(1) ICCPR. 725 It appears that users can be effectively and widely manipulated thanks to contemporary technologies. Regarding this, spreading false information in violation of Article 19(1) ICCPR may also constitute a violation of Article 25 ICCPR, which upholds the right to free and fair elections. 726 States who produce and disseminate misinformation may be violating the targeted population’s right to health, as stipulated in Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), for example by disseminating false information regarding the effectiveness or safety of vaccines. 727 Research reveals that a significant 40% of health-related news circulated online is fabricated, and vaccines are a major area of concern in this context. 728 While the decision to vaccinate children remains a matter of personal choice in numerous countries, health authorities empha size that opting not to vaccinate children can have detrimental consequences for public health. For instance, recent dissemination of false information claiming a link between the measles, mumps, and rubella vaccine and autism led to the declaration of multiple public health emergencies, as reported by the UN. 729 Misleading information pertaining to healthcare and disease prevention, particularly falsehoods concerning vaccine-related risks, has the potential to dissuade individuals from making informed healthcare choices 724 Human Rights Committee, ‘General Comment No. 36 on Article 6 of the International Covenant on Civil and Political Rights, on the Right to Life’, Adopted by the Committee at its 124th session (8 October to 2 November 2018). UN Doc. CCPR/C/GC/36, (2018), para 59. 725 Alegre S, ‘Rethinking Freedom of Thought for the 21st Century.’ (2017) 3 European Human Rights Law Review 221, p. 225. 726 Zerbe Y, ‘Cyber-Enabled International State-Sponsored Disinformation Operations and the Role of International Law’ (2023) 33 SRIEL 49, p. 62. 727 Human Rights Council, ‘Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression’, UN Doc. A/HRC/44/49 (23 April 2020), passim. 728 Waszak PM, Kasprzycka-Waszak W and Kubanek A, ‘The Spread of Medical Fake News in Social Media – The Pilot Quantitative Study’ (2018) 7(2) Health Policy and Technology 115, pp. 115–118. 729 See, Swire-Thompson B, Lazer D, ‘Public Health and Online Misinformation: Challenges and Recommendations’ (2020) 41(1) Annual Review of Public Health 433, pp. 433–451. Speech in False Information - Evidence from Fact-Checked Statements in the US.’ (2021) 25(11) Information, Communication & Society 1596, p. 14.

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