The spread of misinformation, disinformation, and mal-information (MDM) online has become one of the most pressing issues of our time. Around the world, people have been inundated with false, misleading, and deceptive information about health, politics, and science. Journalists are on the front lines of these digital battles over truth, working to provide citizens with accurate news and information.
However, in the “post-truth” era, independent journalism faces enormous constraints with governments passing legislation to combat the threats of misinformation and “fake news,” which both intentionally and inadvertently impinge upon freedom of the press. These measures can sometimes interfere with the free and open exchange of ideas, as well as citizens’ ability to hold leaders to acczount.
In Center for International Media Assistance (CIMA)’s latest report, Chilling Legislation: Tracking the Impact of “Fake News” Laws on Press Freedom Internationally, Gabrielle Lim, doctoral fellow with The Citizen Lab at the University of Toronto, and Samantha Bradshaw, assistant professor in new technology and security at American University, explore how these laws often stifle independent journalism and therefore undermine the already precarious state of independent media in many countries.
Since 2011, MDM laws have been on the rise, with the greatest increase seen during the COVID-19 pandemic. 78 countries have passed laws designed to limit the spread of false or misleading information. Some of these laws focus on improving platform transparency and increasing media literacy.
However, many of them criminalize the creation and distribution of “fake news.” Such laws often lack definitional specificity and can lead to greater overreaches of power. As such, they can have long-term consequences for freedom of the press and other human rights online.
Indeed, many MDM laws have already been used to arrest citizens and journalists for publishing or sharing false information online. According to the Committee to Protect Journalists, almost 400 reporters were imprisoned around the world in 2022. Of those, 39—nearly 10 percent—were jailed on MDM charges.2 Although human rights activists and academics have focused on how MDM laws can limit freedom of expression, less attention has been paid to freedom of the press and the consequences of these laws for independent journalism around the world.
Between 2011 and 2022, 105 laws to combat MDM were imposed across 78 countries. Between 2011-2015, only 14 laws were adopted that explicitly mentioned sharing or publishing false information. In contrast, between 2016-2022, 91 laws were enacted or amended to include provisions regarding false or misleading information. In 2020 alone, 36 new MDM laws were passed, which is indicative of heightened government concern regarding information amid the COVID-19 pandemic.
Under these new laws, many journalists have already been arrested. For instance, in 2018 the Egyptian government jailed more journalists under MDM laws compared with any other country in the world, with 19 people arrested. Following Egypt, Cameroon arrested four journalists, Rwanda three journalists, and China and Morocco both arrested one journalist.
In the same way that the number of laws enacted has increased rapidly, the number of journalists jailed on MDM charges has risen steadily over the years. According to the Committee to Protect Journalists (CPJ), a total 22 journalists were imprisoned on MDM charges between 2011 and 2015. Between 2016 and 2022, that number shot up to 225.
The proliferation of MDM poses serious challenges to democracy, public safety, and national security. Conversely, these very worries could be used as a front for unjustified ends. Though there may be justifiable reasons for enacting information controls, especially during a pandemic or war, increased scrutiny and transparency should be exercised to ensure that any necessary information controls are in line with international law and protect fundamental rights.
Otherwise, the introduction of legal sanctions to criminally punish journalists or news outlets for circulating “misinformation”—a concept often determined by the eye of the beholder—will likely have a range of unforeseen effects on press freedom and embolden censorious governments that seek to restrict independent media.
