Information Warfare: The Legal Aspects of Using Satellites and Jamming Technologies in Propaganda Battles

Paper number

IAC-06-E6.4.12

Author

Prof. Mark Sundahl, Cleveland State University, United States

Year

2006

Abstract

Wars are fought not only with weapons, but also with information and propaganda.  And just as advances in space technology have brought the threat of exotic weapons in orbit, the same technologies have brought an escalation in the ability of states to spread political propaganda.  My paper will begin with a brief description of the evolution of information warfare -- leading to the current use of direct satellite broadcasting to mold public opinion, as exemplified by the U.S.-sponsored Al Hurra network.  I will then lay out the basic framework of international and domestic laws that regulate direct broadcasting.  Special attention will be paid to recent trends in commercial broadcasting that threaten to erode the “prior consent” rule that has traditionally protected a state’s sovereign right to prevent the direct broadcast of unwanted media to its citizens.  

My paper will also touch upon the related issue of the use of jamming technologies by states and private organizations.  Issues in both public law and private business law were raised by the recent jamming by Libya of the Eutelsat Hotbird and Telstar 12 satellites, which not only succeeded in jamming the targeted Sout Libya broadcast, but also interrupted the transmissions of several other broadcasts causing vast losses of advertising revenue.  In another fairly recent episode, Falun Gong devotees repeatedly jammed the AsiaSat 3S satellite and the SINOSAT system which the perpetrators alleged are used by China to “brainwash the Chinese.”  My paper will examine the lessons learned from these incidents and discuss what legal remedies exist for innocent commercial victims of jamming incidents.

I will conclude my paper with some thoughts regarding how the international community should resolve the conflict between state sovereignty and the freedom of information that is presented by the use of satellite propaganda.  Finally, I will consider whether it is desirable to support recent proposals to reform the ITU to allow for more aggressive regulation of direct broadcasting.   

Abstract document

IAC-06-E6.4.12.pdf

Manuscript document

IAC-06-E6.4.12.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.