Viral Lies: Misinformation and the Coronavirus

"Independent media, ethical journalism, citizen reporting, open public discourse and the free flow of information are indispensable in the global effort to counter COVID-19." - Quinn McKew, Acting Executive Director, ARTICLE 19

Misinformation represents a serious challenge in addressing a viral epidemic or other public health crisis. In February 2020, the World Health Organization (WHO) expressed concern about a "massive infodemic" accompanying the COVID-19 (coronavirus) outbreak. Anti-Chinese and anti-foreigner sentiment driven by the spread of COVID-19 also have widespread human rights implications. However, official responses to misinformation and hate speech that rely on censorship, criminal sanction, and/or custodial sentences can be problematic. This paper sets out ARTICLE 19's position on freedom of expression issues impacted by the COVID-19 outbreak.

An introduction provides an explanation and assessment of the "deluge of lies, myths and misreporting on the Internet and, occasionally, in traditional media outlets" that emerged in the aftermath of the detection of COVID-19 in the city of Wuhan, Hubei province, China, in December 2019. Examples of myths circulating online and elsewhere: claims that eating garlic can cure infections, or that the origins of the outbreak lie in American or Chinese biological weapons. Furthermore, there were reports of businesses posting signs banning Chinese customers.

In response to these and other issues, in the weeks after COVID-19 was identified, "the Chinese government aggressively sought to control narratives surrounding the outbreak. Authorities have withheld information from the public, systematically under-reported the number of infections, stage-managed state media reporting, censored online message boards, detained whistleblowers, and harassed netizens, journalists and health workers sharing information about the disease." Elsewhere in Asia, governments have reportedly applied repressive laws governing "fake news", online communications, and cyber-crimes to arrest and charge those supposedly spreading untruths about the virus. And Iran's government set up a "coronavirus defence base" that has prompted the arrest of individuals supposedly spreading misinformation.

Having provided context, the report describes international standards on the right to freedom of expression and information, especially in relation to the right to health. It highlights the key role played by these rights in the development and implementation of effective public health strategies. For example, the UN Committee on Economic, Social and Cultural Rights emphasises that information accessibility is a key component of the right to health. When states restrict speech relating to health issues, block access to health-related information, and do not publish health information proactively, "populations suffer adverse health impacts and cannot fully enjoy the right to health".

The paper goes on to outline how states, the media, and social media companies can help to combat COVID-19 by committing to transparency, tackling misinformation, and promoting authoritative health advice. They also have a role to play in addressing coronavirus-related hate speech directed at individuals of Chinese or Asian descent in a way that complies with international human rights standards. Specifically, the paper lays out a series of recommendations for states, media actors, and social media platforms:

Governments are advised to:

• Proactively disclose information relating to the spread of COVID-19 through, for instance, public education campaigns, dedicated webpages, and social media messaging, and include commitments to transparency and disclosure in all policies and action plans.
• Use freedom of information legislation to facilitate access to public information, including by mandating disclosure of certain types of information and establishing a system for individuals and groups to request information from public bodies.
• Refrain from reliance on criminal prosecution and other coercive measures as a primary means of combating misinformation and hate speech related to the spread of COVID-19, and begin steps to reform laws to ensure compliance with international standards relating to the freedom of expression.
• Abandon intentional propaganda or disinformation campaigns.
• Ensure strong protections for whistleblowers who release information related to COVID-19 in the public interest.
• Consider supporting independent public service media with a clear mandate to serve the public interest, including by reporting on COVID-19 and other public health crises.
• End the harassment of journalists reporting on COVID-19 and official responses to the spread of the virus.
• Promote media and digital literacy, both generally and in relation to the COVID-19 outbreak (e.g., by incorporating media and digital literacy lessons into school curriculum and engaging with civil society and social media platforms on similar efforts).

The media are advised to:

• Proactively report on disinformation, propaganda, and discrimination by state or non-state actors in the context of the COVID-19 outbreak.
• Support effective systems of self-regulation, including both national press complaints bodies and ombudsmen or public editors at individual news outlets.
• Report about COVID-19 accurately and without bias, avoiding stereotyping and without unnecessarily referring to race, nationality, or ethnic origin.

Social media platforms are advised to:

• Articulate clear and easily understood policies governing misinformation and hate speech (including those specific to the COVID-19 outbreak) that are in line with the standard of legality set out in international human rights law.
• Ensure minimum due process guarantees when taking adverse action aginst misinformation and hate speech related to COVID-19.
• Ensure full transparency in their engagements with governments concerning misinformation and COVID-19, and push back against government requests that violate human rights.
• Leverage partnerships to combat misinformation and hate speech around COVID-19, ensuring that these types of engagements are carried out in line with international human rights standards.

ARTICLE 19 highlights some positive initiatives that have emerged to tackle the problems identified in this analysis paper. For instance, in January 2020, the WHO launched the WHO Information Network for Epidemics (EPI-WIN), its programme to combat misinformation, and is partnering with tech companies and online "influencers" to promote authoritative content about the virus in news feeds and reduce the visibility of misinformation. ARTICLE 19 is supportive of these types of efforts.

In addition to the English version (see below), the brief is available in:

• Persian [PDF, 16 pages]
• Russian [PDF, 23 pages]
• Spanish [PDF, 28 pages]
• Turkish [PDF, 21 pages]