The Role of International Law in Combating Fake News

Abstract

This paper delves into the intricate role of international law in combating the surge of fake news, particularly within the digital realm, and its potential ramifications for international peace and security.The analysis draws upon various sources of international law, including the principle of non-intervention, the International Convention Concerning the Use of Broadcasting in the Cause of Peace, and the Convention on the International Right of Correction, as well as secondary literature that examines the relationship between fake news and international law. The findings suggest that while international law establishes a framework discouraging the creation and dissemination of fake news by entities subject to international law, this regulatory structure proves insufficient in the face of contemporary challenges. Presently, establishing the culpability of a specific entity for the production and/or dissemination of a particular piece of fake news has become exceedingly complex. Furthermore, achieving a consensus within the international community on this issue seems implausible, hindering the likelihood of further development of international law in this domain. Consequently, the author proposes three alternative avenues for regulating fake news: first, through national legislation, as exemplified by the Republic of Serbia; second, via supra-national European legislation; and third, through "self-regulation" by multinational information companies such as Alphabet, Meta, and Twitter. Each of these approaches represents distinct strategies that could offer more pragmatic and feasible solutions in the ongoing battle against the proliferation of fake news.