Legal framework for countering information influence activities – A study of the legal framework for countering information influence operations through information
Publish date: 2023-03-30
Report number: FOI-R--5443--SE
Pages: 79
Written in: Swedish
Keywords:
- malign influence activities
- disinformation
- freedom of speech
- freedom of information
- legal framework
- psychological defence
Abstract
It is essential for the authorities in the Swedish psychological defence to identify, analyse and counter malign influence activites, disinformation and other misleading information directed against Sweden or Swedish interests. Measures aimed at countering influence activities must be lawful and respect the freedom of speech. This report describes the legal framework for authorities to counter malign influence activities through information and communications measures. The report first describes the threat that influence activities poses against Sweden and the need to counter it. Thereafter the legal framework is described starting with the protection of the freedom of speech, legtimate restrictions of this right and an analysis of what that entails for lawful possibilities to counter malign influence activities. Further, the legal basis and boundaries for authorities measures aimed at countering malign influnece activities through information and communication is described. Authorities' responsibility to counter malign influence activites in times of crisis and their obligations to cooperate is briefly described. Thereafter the report describes applicable legal rules and principles which shall guide authorities in formulating information and communication aimed at countering malign influence activities. The report is concluded with an outline of identified needs for further legal research.