Even in a Pandemic, Sunlight is the Best Disinfectant: COVID-19 and Global Freedom of Expression

In times of war, the right to speak freely is often the first casualty. As global leaders have come to use the language of war to describe their efforts to stop COVID-19, it leads to natural questions on the extent to which freedom of expression might be compromised in order to protect public health. In particular, governments around the world have enacted new policies targeting misinformation as the pandemic has spread, or increased enforcement of existing rules. While the World Health Organization has warned of an “infodemic” of fake news which “spreads faster and more easily than this virus”, human rights mechanisms have expressed alarm at the impacts of the accompanying crackdown on freedom of expression. This paper discusses the global human rights implications of aggressive measures targeting the spread of COVID-19-related misinformation. Part I discusses the international human rights standards with regard to misinformation. Part II explores various regulatory responses to misinformation amongst COVID-19 thus showing the impact on international human rights. Part III explores the applicability of international human rights law, specifically the standards for derogation in key human rights documents, to the current exceptional circumstances of COVID-19. Part VI asses the measures against international human rights standards, finding significant cause for concern, particularly if these enforcement postures become normalized. Part V offers alternative solutions to the human rights challenges posed by health misinformation, particularly restrictions which are more carefully targeted and less open to abuse as well as transparency measures to promote trust and accountability in public institutions. Part VI concludes.