Foreign Election Interference in Modern Democracy

Can False reporting by foreign media be categorized as a form of Foreign

Election interference? And is it a violation of International Law?

On article 3 of Declaration on Rights and Duties of States it is stated that

each and every state is protected from other state’s interference on its internal
affairs.
” Every State has the duty to refrain from intervention in the internal or external
affairs of any other State.”

On article 4 of Declaration on Rights and Duties of States, states are not

allowed to cause civil strife in another state. “Every State has the duty to refrain
from fomenting civil strife in the territory of another State, and to prevent the
organization within its territory of activities calculated to foment such civil strife.”

On article 2 of Responsibility of States for Internationally Wrongful Acts, a

state’s conduct is internationally wrongful if it can be attributed to the state and if
it breached an international obligation of a state
“There is an internationally wrongful act of a State when conduct consisting of an
action or omission: (a) is attributable to the State under international law; and (b)
constitutes a breach of an international obligation of the State.”

On article 8 of Responsibility of States for Internationally Wrongful Acts, If

a person or a group of persons act under the control or instruction of a state, the
act can be considered as an act of the state.
“The conduct of a person or group of persons shall be considered an act of a
State under international law if the person or group of persons is in fact acting on
the instructions of, or under the direction or control of, that State in carrying out
the conduct.”

On article 11 of Responsibility of States for Internationally Wrongful Acts,

Conduct acknowledged and adopted by a State as its own. If a conduct done by
an entity acknowledge by a state therefore the conduct can be seen as the
state’s conduct.
“Conduct which is not attributable to a State under the preceding articles shall
nevertheless be considered an act of that State under international law if and to
the extent that the State acknowledges and adopts the conduct in question as its
own.”
 On article 19, Paragraph 2 of International Covenant on Civil and Political
Rights. it is stated that everyone has the freedom of expression and the right to
express through any media they want.
“2. Everyone shall have the right to freedom of expression; this right shall in
clude freedom to seek, receive and impart information and ideas of all kinds,
regard
less of frontiers, either orally, in writing or in print, in the form of art, or through
any other media of his choice.”

On article 19, Paragraph 3 of International Covenant on Civil and Political

Rights there is a restriction on the freedom of expression stated in paragraph 2.
”3. The exercise of the rights provided for in paragraph 2 of this article carries
with it special duties and responsibilities. It may therefore be subject to certain
restrictions, but these shall only be such as are provided by law and are
necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of
public health or morals.”

The existence of a state can be identified from some distinctive qualities.

One of those qualities is Independence. Independence is the capacity to provide
well-being and development free from domination of other state. In a democratic
state, the ability to choose government officials through election without
interference of other state is also part of that independence. It is crucial for a
state to not be bothered in its election for it is the right of its people as citizens of
a democratic state.
The Declaration on Rights and Duties of States protects states from
external disturbance regarding it internal affairs. This is stated on article 3 of The
Declaration on Rights and Duties of States.
In the case of a foreign media company falsely reporting about a state’s
election, it must be investigated concerning the responsibility of the action. The
responsibility of the action is important because it can qualify whether the state
where the media involved resides can be hold accountable for the conduct.
According to article 8 of Responsibility of States for Internationally
Wrongful Acts, a conduct can be attributed to a state if the conduct character was
instructed or controlled by the state. Also, on article 11 of Responsibility of States
for Internationally Wrongful Acts, a conduct can be attributed to a state if the
conduct is acknowledged by the state as its own.
The action of falsely reporting regarding election by foreign media can be
considered as a threat to a nation. This is because an election is one of the
internal affairs of a state. When a foreign media published something that might
sway voters’ opinion it means the media is interfering with the state internal
affairs. This violates article 3 of Declaration on Rights and Duties of States, which
prohibit interference in other state’s internal affairs. Not only that, in certain
circumstances it may also violate article 4 of Declaration on Rights and Duties of
States, which says “Every State has the duty to refrain from fomenting civil strife
in the territory of another State…”. If the state holding election is politically
unstable then a disturbance from outside can have a big impact on its people.
Media that falsely reporting information might use article 19, paragraph 2
of International Covenant on Civil and Political Rights as a justification for their
action. It ensures freedom of speech by anyone and through any platform. But in
the third paragraph of that article there are limitations to the freedom of speech.
Those limitations are, the rights or reputations of others and the protection of
national security or of public order (ordre public), or of public health or morals.
This clearly reject the media’s defense since the act of false reporting might
disturb a state’s reputation and public order.

In conclusion, the conduct of false reporting by foreign media can be

labeled as a violation of international law, if the conduct can be attributed to the
state where the media resides.