International law and the challenge of disinformation: a patchwork of rights and obligations

Abstract

This dissertation examines how international law governs contemporary disinformation –false or misleading information with the intent to cause harm. It argues that contemporary disinformation, in combining technological amplification with cognitive exploitation, represents a distinct sociotechnological phenomenon. Through a multidisciplinary lens, the study maps international law’s “patchwork” of rights and obligations governing this phenomenon, revealing both the system’s resilience and shortcomings.

The dissertation finds that while no single prohibition against disinformation – rightfully – exists, international law is far from silent on how States, their representatives, International Organisations and, at times, individuals and other non-State actors, should conduct themselves in information environments where manipulation and influence operations have become unprecedented instruments of power.

It exposes international law’s latent regulatory capacity but also a deeper misalignment between doctrines built in an analogue era and the realities of technology-enabled manipulation. Traditional assumptions about causation, attribution, and freedom of expression stand in stark contrast with disinformation’s modus operandi. The dissertation therefore calls for a structural response: integrating cognitive and technological insights into the interpretation and application of legal norms. Preserving freedom of expression and countering polarisation alike require an international legal order capable of effectively defending the very conditions of democratic governance.