Legal framework for response

Measures for countering malign information influence and misleading information must be legally compliant and respect freedom of expression and information.

Authorities may only take measures to counter such information after it has been disseminated, but may take preventive measures if they do not impede freedom of opinion or free debate. Freedom of expression and information means that individuals have the right to express themselves and receive information, and authorities may not censor or impede statements without a legal basis for doing so.

Freedom of expression is not absolute, and some opinions may be classified or punishable, which may justify authorities’ measures. Authorities can act to address misleading information that concerns their operations, especially in areas where foreign powers seek to exploit dividing political lines. Countermeasures must be objective, impartial and limited to the authority’s remit.

When addressing the media, authorities may not influence journalistic decisions, although in some cases they can take measures, especially if it is a matter of security.

Principle of legality: Authorities must have legal support for any action they take.

Specific information remit: Some authorities have explicit remits to counter information influence.

General information remit: Most authorities have information remits related to their area of activity, which gives them the right to respond to misleading information in that area.

Service obligation: Under the Administrative Procedure Act, authorities shall inform the general public about their activities, which may include responding to information influence.

Freedom of expression: Countermeasures may not restrict the individual’s freedom of expression.

Principle of objectivity: Authorities must be objective and impartial in their how they act, including when countering false information.

Opinion leading: Authorities should be careful in designing countermeasures that could be perceived as opinion leading.

The Electronic Bulletin Boards Responsibility Act: Authorities that provide electronic bulletin boards, such as social media pages, are responsible for removing illegal content.

While social media offers opportunities, it also involves specific obligations for authorities.

• Authorities with their own social media pages have a responsibility for monitoring and removing punishable messages. All measures shall be designed so as not to impede freedom of expression and shall be well-founded and objective.

• Social media facilitates the rapid dissemination of information and messages, making it an attractive channel for spreading disinformation and influence campaigns. Also, it is often difficult to know who is behind a user account, which impedes efforts to counter false information.

• While there is no requirement for authorities to be active on social media, they may benefit from being present on social media to enable detecting and countering information influence. Social media can also be effective in reaching out to specific groups, especially in crisis situations.

• Authorities using social media need to take account of individual social media logic and see posts in a wider context online. All information published in the authority’s social media channels must comply with the requirements of objectivity and impartiality. Authorities should have internal guidelines on how they use social media, and it must be clear that the authority is the sender.

• Authorities may have an obligation to remove unauthorised information from their social media pages, as regulated in Electronic Bulletin Boards Responsibility Act. According to that Act, the authority has an obligation to monitor the service and remove messages that clearly fall within certain crimes, although it does not need to determine severe borderline cases.

• Although authorities are obliged to remove certain messages, they also have the right to counter false information with accurate information. It may also be justified to explain why a particular statement has been removed.