Tackling Disinformation: The Balancing Act of Regulation and Multi-Stakeholder Solutions

In today’s digital age, disinformation has become a persistent menace, spreading like wildfire and causing real-world harm. The question that looms large is whether regulating disinformation can be a part of the solution.

The immediate answer might seem to be a resounding “no” if such regulation risks stifling freedom of expression and targeting activists, journalists, and human rights defenders. Since the rise of online misinformation and disinformation, concern is growing that governments are using disinformation laws to muzzle the press. Recent studies find labeling reporters and their stories as fake news can threaten journalistic norms and practices and have implications for trust relationships with sources and audiences. Even many countries in Southeast Asia, using a legislative approach to combat disinformation and hoaxes. Among the countries adopting fake news laws are states that already limit the political and media freedoms of their citizens (Mchangama and Fiss 2019). In the Asia Pacific, three early adopters are Malaysia, with its Akta Berita Tak Benar in 2018 that 2 years later was revoke, Singapore, with its 2019 Protection from Online Falsehoods and Manipulation Act (POFMA), and Indonesia’s 2016 Information and Electronic Transactions Law (ITE).

However, with the right safeguards, the answer can indeed be a cautious “yes.” Regulation, when applied thoughtfully, can play a crucial role in curbing the rampant spread of disinformation.

But first, let’s address the broader question: are there alternative solutions beyond regulation? The resounding answer is “yes,” and it lies in the realm of multi-stakeholder approaches that engage society from diverse backgrounds to dismantle the disinformation machine.

To understand how we can combat disinformation effectively, we must break down the process into its key elements. Disinformation involves bad actors who produce and fund these campaigns, the platforms through which it spreads, and the audiences who engage with it emotionally. Effective countermeasures can be applied to each of these elements.

1. Bad Actors: To counter the activities of bad actors, we can enhance our ability to detect them. Open-source intelligence (OSINT) technology can be used to uncover networks of agitators, trolls, and bots, making it easier to identify and confront them.

2. Platforms: Holding platforms accountable is essential. This includes increasing transparency and encouraging platforms to reduce the financial incentives for disinformation actors.

3. Audiences: Empowering users to evaluate content critically is key. Communities can be involved in fact-checking and providing local context, addressing language barriers, and helping users discern credible information from disinformation.

Currently, much of our efforts focus on reacting to disinformation through debunking (fact-checking efforts) and counter-narratives. However, prevention and containment are equally important.

1. Prevention: We must work on revealing the patterns of disinformation campaigns,

2. Prebunking: by equipping users with media and digital literacy skills,

3. Curb: by promoting co-governance of online spaces among governments, tech platforms, and civil society organizations (CSOs),

4. Respond: by debunking and producing counter narratives.

Southeast Asia Freedom of Expression Network (SAFEnet), for instance, has played an active role in investigating bad actors using OSINT technology. They’ve also proposed the establishment of a Social Media Council (SMC) in Indonesia, akin to the Press Council, which could independently decide on disinformation cases.

Returning to the question of regulation: the disinformation law can be a part of the solution if it meets several critical criteria, such as:

1. Supporting Co-Governance: Regulation should endorse and facilitate collaboration between tech companies, governments, and CSOs in governing online spaces.

2. Targeting Harmful Disinformation: Regulation should focus on limiting disinformation that causes tangible harm, such as online gender-based violence, political disinformation, state-sponsored disinformation, and framing disinformation as harmful content rather than illegal content.

3. Protecting Press Freedom: Regulation should safeguard press freedom and support the best practices of journalism, including independent and public interest media.

In conclusion, tackling disinformation is a multifaceted challenge that requires a combination of regulation and multi-stakeholder approaches. Striking the right balance is essential to ensure that we combat disinformation effectively without compromising essential freedoms or targeting those who seek the truth. As we move forward, a coordinated effort involving governments, tech platforms, CSOs, and informed communities will be our best defense against the disinformation epidemic.

This talking points was presented during “Asia-Pacific Expert Meeting on Disinformation Regulations and the Free Flow of Information” held in 30 September 2023 in Kuala Lumpur, Malaysia.