The Freedom of Disseminating Information in the Light of Applicable International Law

  • Elena Ganyushkina National Research University Higher School of Economics
Keywords: information warfare, media law, international information relations, international information law, international information security, information and communication technologies, propaganda, ideological aggression, false or distorted information

Abstract

Freedom of information has been the subject-matter of debates since the first meetings of the UN bodies. A number of international treaties have been adopted, numerous regulations and recommendation have been put into effect at the universal and regional levels concerning this problem. Despite this, implementing freedom of information is still very complicated. This article considers only a part of this significant problem — what should be the degree of freedom of information, when the dissemination is performed through the media. The position of states in this regard is far from being unanimous one. What was obvious to most states immediately after the Second World War undergoes substantial revision that does not enhance mutual understanding among nations, and may even contribute to the deterioration of bilateral relations. Contrary to the opinion of some scientists that the principles and norms of international law have developed media law, the author is inclined to support a different view about their relevance of artificial separation of media law from technical and substantive aspects of information law on the whole, and separating the problems of international legal regulation of information relations information from the context of the applicable in international law branches. Besides, most principles formulated by the researchers of international information law are the principles of mass media law. Universally accepted definition and the very concept of mass media are missing, which hinders the development of common approaches of states to regulate the means of disseminating information in society. This article provides up-to-date information on the most relevant areas of cooperation among states in the field of information dissemination. The data on new projects submitted for consideration by various international organizations are provided, the scope of potential formats for discussion at the international level, the problems of information dissemination, the most interesting cases of international courts are considered to understand how absolute the freedom of disseminating information is. The states should look for common approaches for the maintenance of international peace and stability, no matter what technical means are used.

Author Biography

Elena Ganyushkina, National Research University Higher School of Economics

Associate Professor

Published
2015-02-19
How to Cite
GanyushkinaE. (2015). The Freedom of Disseminating Information in the Light of Applicable International Law. Law Journal of the Higher School of Economics, (2), 17-36. https://doi.org/10.17323/2072-8166.2015.2.17.36