- Draft treaty threatens freedom of expression by requiring governments to manage “infodemics” – defined as “too much information” – and “combat false, misleading information” as well as “misinformation and disinformation”
- Negotiations on WHO Pandemic Agreement resume in subgroups until 1 March 2024, ahead of its planned adoption in May 2024. ADF International calls for the removal of certain language detrimental to free speech
GENEVA (20 February 2024) – Negotiations have resumed this week at the World Health Organisation (WHO) on a “pandemic treaty”, a legally binding instrument that aims to strengthen the WHO’s role in preventing, preparing for, and responding to future pandemics. Free speech experts have raised concerns about the intended restrictions on freedom of expression in the international agreement.
The draft text currently under consideration would commit states to “combat” such things as misleading information, misinformation, or disinformation, without offering a definition for these terms or specifying how this would be done. It would also require the “management” of so-called “infodemics,” defined as “too much information, false or misleading information during a disease outbreak” causing “confusion” as well as “mistrust” in health authorities.
“The current draft of the WHO Pandemic Agreement implies that people must be protected from ‘information’ that could subjectively be labelled ‘misleading’ or simply considered ‘too much’ by authorities.“
States required to combat “misleading” and manage “too much information” regardless of accuracy
“Especially in the context of a pandemic, the unrestricted flow of information is essential. Yet, the current draft of the WHO Pandemic Agreement implies that people must be protected from ‘information’ that could subjectively be labelled ‘misleading’ or simply considered ‘too much’ by authorities. Such an approach poses a clear threat to freedom of expression. The imperative of effectively preventing and responding to future pandemic threats should not come at the price of our fundamental freedoms,” said Giorgio Mazzoli, Director of UN Advocacy with ADF International.
The freedom to seek, receive and impart information and ideas is protected by numerous international and regional human rights treaties. Yet, if adopted as currently drafted, the WHO Pandemic Agreement would set a dangerously low standard of regard for free speech during a public health crisis. Any government could refer to its obligations under the treaty to limit freedom of expression at such times.
Treaty will serve as a blueprint for future pandemics
“Freedom of expression, including the right to seek and receive information, is necessary to ensure scrutiny and accountability over critical public health decisions. Without publicly available information, people cannot assess the lawfulness and effectiveness of the actions taken by authorities,” Mazzoli continued.
The Pandemic Agreement is poised to serve as a blueprint for how the WHO and the international community will head off future pandemics. Considering its importance and binding nature, the process for negotiating the text – which began in March 2023 – has been exceptionally fast compared to typical timelines. Concerningly, the draft text expressly excludes the possibility for states to enter “reservations” – that is, opting out of any provision of the treaty.
“We must be vigilant to protect hard-won rights – especially in times of crisis.”
“Everyone agrees that life is precious and that states have an interest in protecting public health. But some of the most grave and systematic human rights abuses of the last century unfolded during public emergencies and we must be vigilant to protect hard-won rights – especially in times of crisis. When it comes to vague and undefined concepts such as misinformation or disinformation, the cure is far worse than the disease,” Mazzoli concluded.
