Leopoldo García Ruiz, Professor of Philosophy of Law at CEU Cardenal Herrera University and member of the research project led by Professor Susana Sanz on the crisis of the rule of law in the EU, participated in the Third Congress of Philosophy of Law for the Latin world, held in the city of Querétaro (Mexico).
The Association of Philosophy of Law for the Latin World (I-Latina) held the III Congress of Philosophy of Law for the Latin World, “Populism, Democracy and the Rule of Law” in Querétaro (Mexico) from June 28 to July 1, 2023. The National Autonomous University of Mexico (UNAM) and the Monterrey Institute of Technology and Higher Education (ITESM) also contributed to the organization of the event.
The objective of the Congress was to find a space for reflection in which to structure a “regional philosophy”, making visible the importance given to legal philosophy and theory from the perspective of different countries, and analyzing the common problems, peculiarities and the different ways of influencing our shared legal culture and institutions.
In this sense, the Congress has hosted various papers and communications in which experts and academics have addressed issues related to Human Rights, the Constitution, the Philosophy of Law, as well as some of recent events such as the COVID-19 pandemic and the global changes that, from the point of view of law and legal philosophy, it has caused, with particular emphasis on the rise of populist movements that are shaking the foundations of a social and democratic States.
It was precisely within the framework of this last thematic field that Prof. Leopoldo García presented a paper entitled “Disinformation, misinformation and limitations to freedom of expression during the COVID-19 pandemic: a critical examination”.
In it, the Professor reflects on disinformation and misinformation in social networks, based on an analysis of the strategies deployed in the last decade to combat such phenomena, and the institutional response that this fight has generated in the context of the recent COVID-19 pandemic. Finally, Prof. García offers a critical examination of this response, with a view to defending freedom of expression in the post-pandemic scenario that is now opening up before us.
Prof. García Ruiz began his speech by referring to the crisis of the rule of law as the context for the decline of the right to freedom of expression and other associated rights such as freedom of thought and opinion, the right to disseminate and receive information, and the transparency of public authorities. In his opinion, respect for the rule of law at the global level has not been optimal for some time now, and the political and legal response to the COVID-19 pandemic has only aggravated the situation. This crisis is said to have been caused in large part by factors such as the rise of populism, the erosion of the principle of separation of powers, emergency procedures in the drafting of laws and the growing difficulties in exercising adequate constitutional control over them.
The following is a general review of the issues that Dr. Garcia addressed in his presentation.
1.The phenomenon of disinformation
First, Professor Garcia has made a conceptual distinction between disinformation in the strict sense, misinformation and malicious information (malinformation). Disinformation refers specifically to the creation and mass dissemination of false or misleading information, knowing it to be so, with the intention of deceiving its recipients. In the case of misinformation, the sender conveys false information to the receiver but does so unconsciously, without intent to deceive, while malinformation includes all those communications intended to offend or cause harm to others, as in the case of hate speech or media harassment strategies.
Disinformation for political, ideological or commercial reasons is certainly not a new phenomenon, but the recent boom in digital technology has made it possible to disseminate and amplify such false or manipulated information on an unprecedented scale, at an unprecedented speed and with an unprecedented scope. Dr. García Ruiz further argues in this regard that “social networks have now become the main stage for cultural, propagandistic and ideological battles”, and that, among the events that would explain the evolution of online disinformation (and the fight against it) in recent years are events such as the 9/11 attacks on the United States, the Brexit, the COVID-19 pandemic and the Russian invasion of Ukraine.
2.The role of fact-checking agencies
The possibility and the need to access truthful and contrasted information in this scenario has recently led to the emergence of online fact-checking agencies. Their main function is the verification of data with the aim of pursuing false information in their databases, thus avoiding the potential damage that this entails for the recipient.
These agencies aspire to accredit information whose dissemination is carried out by others, especially traditional media in online format (which usually also have their own verification systems) and social networks such as Facebook, YouTube, WhatsApp or Instagram). García Ruiz describes the work of these agencies as laudable and even necessary. “The problem -he reflects- comes when their verifying zeal, combined with the moderating action of the online media, acquires potentially censorious tones”.
In this regard, the Professor recalled the role of international law in requiring States to protect the right of everyone to seek, receive and impart any kind of information or ideas, regardless of their content and truthfulness or impartiality, since even controversial opinions are useful for strengthening the vigor of democratic debate. Recalling a consolidated doctrine in this regard, he recalls that the only objectively and radically rejectable speeches would be those forms of speech objectively punishable by law, such as the advocacy of war or hatred when it constitutes a direct incitement to violence, among others.
3.The information crisis associated with the COVID-19 pandemic
Another issue that the Professor wanted to address during his participation in the Congress held in Querétaro was the fight against disinformation and misinformation in the context of the COVID-19 pandemic. In this regard, he noted that the efforts of the authorities to provide the population with reliable sources of information have been very commendable, although the concrete implementation of the principles outlined by the international institutions has been deficient in many cases.
Dr. Garcia analyzed the coordinated response of international organizations, States and associations in simultaneously addressing the fight against the infodemic associated with COVID-19 and the serious attacks on freedom of expression and the press in certain countries under the pretext of the pandemic. He referred to the guidance given by institutions such as the UN, the Council of Europe and the European Union. In this regard, the Professor offered, by way of example, different mechanisms used by these institutions to remind and vindicate the importance of ensuring freedom of expression and promoting free, independent and diverse media. And this without forgetting that the direct responsibility for controlling the pandemic and combating the disinformation it generated lay with the States. While autocracies such as Russia, China and Iran chose to restrict access to the Internet and persecuted journalists, in democratic states, on the other hand, this control was not against the media and the platforms and the media but through them.
When asked whether, in the fight against disinformation and misinformation during the pandemic, there was content moderation or rather censorship, Professor Garcia replies that “where the suppression of certain legitimate information responded to more or less veiled instructions from the political authorities, there was undoubtedly censorship”. Although the loudest cases began in the United States, where online publications by renowned specialists were unjustifiably suppressed, in Europe there have also been cases in which members of the scientific and academic community, opposing measures such as generalized confinement or vaccination policies, have been discredited, both on and off the Internet.
4.Final Reflections
Dr. García Ruiz ended his intervention with a final reflection in which he pointed out that, although in situations of serious risk to public health and safety, such as that caused by the COVID-19 pandemic, the authorities can and should demand compliance with their health policies and counteract the circulation of unfounded rumors, they should not, however, attribute to themselves a scientific infallibility that they do not possess, nor should they veto discrepancies between experts.
“In situations such as this, in which the first victim is the freedom of opinion and expression of dissidents, it is necessary to strengthen the jurisdictional protection of freedom of expression in order to recover an open and frank debate”, says Professor Garcia.
