False Speech in International Law

Under international law, state regulation of false speech (misinformation) must comply with individuals’ freedom of expression, and this report explores where these lines are drawn in international treaties and human rights jurisprudence. Because this is a developing area of law, much of the jurisprudence of international courts and human rights bodies is drawn from other contexts, in particular standards relating to false speech that is defamatory, causing reputational harm. The report outlines international standards relating to when false speech can be penalised and makes recommendations as to how the law should be applied and reformed to meet the challenges of ‘truth decay’.

False Speech is an extracted chapter of Freedom of Speech in International Law, edited by Lord David Neuberger of Abbotsbury and Ms Amal Clooney and published by Oxford University Press in January 2024. It is authored by Professor Mark Milanovic and Professor Philippa Webb. Ms Alice Gardoll is the Assistant Editor of the text. The full text can be purchased in hard copy here.

Freedom of Speech in International Law outlines the minimum protections for speech enshrined in international law, focusing on four types of laws that are being weaponised to silence the press and independent voices: laws regulating defamatory or insulting speech, laws regulating false speech, laws regulating hate speech and laws regulating national security. The book provides examples of where states are falling short and makes recommendations about how international standards should be interpreted, updated and enforced.