Freedom of Expression

Public consultation: Disinformation in electoral contexts

Guide to the call for contributions

The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR/RFOE), together with the OAS Department of Electoral Cooperation and Observation (DECO) and the Department of International Law (DIL), calls on stakeholders from the region to submit general comments or work in progress that address one or more of the following issues:

  1. Empirical studies on mass dissemination of false information, especially in electoral contexts. Data and empirical evidence of the phenomenon of disinformation, in terms of causes and possible effects. In relation to the first point, research is sought that has documented the phenomenon, identified actors that cause it, that facilitate it or that promote it (directly or indirectly); Secondly, it seeks to access studies that have investigated the effects of misinformation, both at a systemic level (for example, in the quality of public debate), as well as in individual terms (regarding voters, the discourse of politicians, etc.). This axis seeks to know the view of stakeholders in the region on the empirical dimension of the misinformation phenomenon.
  2. Human rights principles or standards applicable to the problem. Like any new phenomenon, that of misinformation challenges human rights standards in terms of freedom of expression. Are they enough to deal with the problem? Do they need to be specified or revised in any way? This axis seeks to know stakeholder’s perspective on the normative dimension of the problem.
  3. Possible actions and actors involved. The studies that exist so far suggest that the phenomenon of misinformation is complex: it has multiple causes and multiple actors operate on it, whose actions shape it. In this sense, we are interested in knowing stakeholders' view on the different roles played by state authorities, electoral authorities, the judiciary, the legislative branch, personal data protection organizations, and --on the other hand-- private Internet companies, both service providers such as ISP and content platforms such as Facebook or Twitter, as well as encrypted messaging companies such as WhatsApp. This axis seeks to know stakeholder’s perspective on the operational dimension of the phenomenon of misinformation.

The contributions will be compiled and may be disseminated on the website of the Office of the Special Rapporteur for Freedom of Expression. Likewise, they will feed into a discussion process that will take place between December 2018 and April 2019, which will culminate with a multidisciplinary Panel of Experts in charge of submitting recommendations to the Office of the Special Rapporteur to fulfill the mandate received from the GA/OAS. The deadline for sending comments and documents is January 31, 2019.