cases from IFES’ database, ElectionJudgments.org, and discusses emerging challenges for judges in adjudicating these cases and the application of timely and effective remedies. What Do We Mean by Disinformation? Deliberately spreading false information about political opponents is not a new phenomenon, although the amplification and potential mass impact of such information via the internet is newer and has been at the forefront of concerns and debate by state actors, politicians, civil society, the media, and the public. IFES and its partners in the Consortium for Elections and Political Process Strengthening (CEPPS) use the term information disorder 6 to create a conceptual framework for understanding the information ecosystem and its implications for democracy. The information disorder framework “describes how misinformation … disinformation … and malinformation … are all playing roles in contributing to the disorder, which can also be understood as contributing to the corruption of information integrity in political systems and discourse.” 7 Within the information disorder framework, the issue of what might be classed as disinformation is subject to significant debate. There is no internationally accepted legal definition of disinformation, although practitioners and academics globally engage in ongoing discussions around the benefits and problems of coining a singular, all-encompassing definition. Various definitions have been advanced. For example, the European Commission’s High-Level Expert Group on Fake News and Online Disinformation defines disinformation as “all forms of false, inaccurate, or misleading information designed, presented and promoted to intentionally cause public harm or for profit” [emphasis added]. 8 Facebook defines disinformation as Disinformation and misinformation are distinct from one another. Like disinformation, misinformation contains false, inaccurate, or incomplete information. It is spread mistakenly or unintentionally. Misinformation may also be amplified via the internet and can reach a significant audience. This difference between understanding the intent behind the spread of information, as well as identifying the harm caused by that information, is important when courts are faced with cases that fall within the wide remit of what might be considered disinformation. “inaccurate or manipulated information content that is spread intentionally. This can include false news, or it can involve more subtle methods such as false flag operations, feeding inaccurate quotes or stories to innocent intermediaries, or knowingly amplifying biased or misleading information.” 9 Academics define disinformation as “intentional falsehoods spread as news stories or simulated documentary formats to advance political goals” and also refer to it as “… systematic disruptions of authoritative 6 Arnaudo, D., Barrowman, B., Brothers, J., Reppell, L., Scott, V., Studdart, A., Wainscott, K., and Zakem, V. Countering Disinformation: The definitive guide to promoting information integrity: Introduction to the Guide. Consortium for Elections and Political Process Strengthening. https://counteringdisinformation.org/introduction. The term “information disorder” is not original to CEPPS but is built on the work of Data and Society, First Draft and the Oxford Internet Institute’s Computational Propaganda Project, as outlined in the cited resource. 7 Ibid. 8 Directorate-General for Communication Networks, Content and Technology (2018). A multi-dimensional approach to disinformation. High Level Expert Group on Fake News and Online Disinformation (2018, March 12). Final Report of the High Level Expert Group on Fake News and Online Disinformation. 9 Weedon J., Nuland W., and Stamos, Aa (2017). Information operations and Facebook. Facebook. 4

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