Applicable Principles and International Standards International Human Rights: Freedom of Expression and Opinion Disinformation can have serious consequences in Principles for How States Can Impose Restrictions on Freedom of Expression in Response to Fake News and Disinformation undermining the right to free and fair elections. The broad disinformation campaign by foreign actors during the 2016 U.S. presidential elections, 11 for On March 3, 2017, the United Nations Special Rapporteur on Freedom of Opinion and Expression, the Organization for Security and Co-operation in Europe Representative on Freedom of the Media, the Organization of American States Special Rapporteur on Freedom of Expression, and the African Commission on Human and Peoples’ Rights Special Rapporteur on Freedom of Expression and Access to Information acknowledged the threat of fake news dissemination and adopted a Joint Declaration on Freedom of Expression and “Fake News, Disinformation and Propaganda.1 It included the following general principles: instance, brought disinformation front and center for policymakers. Similarly, concerns around information integrity during the COVID-19 pandemic further illustrated the need for more robust frameworks for States to counter harmful information. 12 For most States, the most significant legal discourse on this issue has been about balancing human rights around freedom of expression and opinion with restrictions on such actions to avoid harm to citizens and a. States may only impose restrictions on the right to freedom of expression in accordance with the test for such restrictions under international law, namely that they be provided for by law, serve one of the legitimate interests recognized under international law, and be necessary and proportionate to protect that interest. democratic processes. The recent Report on Disinformation by the Special Rapporteur on Freedom of Opinion and Expression of the United Nations High Commissioner on Human Rights (UNHCR) 13 provides a succinct overview of b. the current state of freedom of expression and gaps related to international standards in addressing the problem of “disinformation.” The two main international standards are the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR). As the UNHCR Restrictions on freedom of expression may also be imposed, as long as they are consistent with the requirements noted in paragraph 1(a), to prohibit advocacy of hatred on protected grounds that constitutes incitement to violence, discrimination or hostility (in accordance with Article 20(2) of the International Covenant on Civil and Political Rights). Special Rapporteur noted, “[t]he right to freedom of See Dilanian, K. & Popken, B. (2019, June 5). Russian trolls who interfered in 2016 U.S. election also made ad money, report says. Nbcnews.com; ABC News (2016, December 15). Officials: Master Spy Vladimir Putin Now Directly Linked to US Hacking ABC News. Go.com 12 See IFES COVID-19 Briefing Series: Preserving Electoral Integrity During an Infodemic | IFES - The International Foundation for Electoral Systems 13 OHCHR Special Rapporteur on freedom of opinion and expression (2021). Report on disinformation 11 6