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The question of the legality of foreign disinformation campaigns; navigating troubled waters

English (英語)

国際協力論集

30

85-106

神戸大学大学院国際協力研究科

2022-12-15

Cyberspace has made our world smaller. But the resulting state of interconnectivity has come at a price; a greater vulnerability to foreign influences and interferences. Online disinformation is one inappropriate influence tool that can be used by foreign actors to undermine a state. The problem is that lasting legal uncertainties call into question the very capacity of international law to address stateled disinformation, and thus to provide adequate protection against foreign influence activities that may prove particularly detrimental to the receiving state. Then, as a growing number of states has been legislating about foreign influence activities relying on information manipulation tactics, a significant gap has emerged between municipal and international regulations pertaining to international communications. This article explores the relevant law and finds out whether international law is up to the task of regulating state-sponsored online disinformation. In doing so, it clarifies the law and identifies the boundaries of an international regulation of online disinformation. It concludes by suggesting a safe way forwards to help restoring accountability and end impunity in the context of disinformation.

interference

紀要論文