Misinformation
in the media and social networks: A violation of migrants’ rights
Desinformación en los medios de
comunicación y las redes sociales: una violación a los derechos de los
migrantes
Carolina Y. Andrada-Zurita
Correspondencia: carolina.andrada@uns.edu.ar
https://orcid.org/0000-0001-7870-4188
Universidad Nacional del Sur, Argentina.
Recibido: 20/02/2025
Aceptado: 21/04/2025
DOI: https://doi.org/10.24265/cian.2025.n21.06
Para citar este artículo:
Andrada-Zurita, C. Y. (2025). Misinformation in the media
and social networks: A violation of migrants’ rights. Correspondencias & Análisis, (21), 168-186. https://doi.org/10.24265/cian.2025.n21.06
This research was conducted using a qualitative
methodology with a descriptive scope. A documentary review was carried out of
the texts of Laws 23.592, 24.515, and 25.871 from Argentina to identify
strategies used to curb the spread of false information in the media. Academic
articles and reports by international organizations (IOM, IEO, UN) were also analyzed.
Among the most important findings is the difficulty of fully enforcing
regulations without risking cases of censorship, which often leads to moral
dilemmas. The real implications include the need to protect migrants’ rights
from the dissemination of false information that affects them, as well as
addressing any accusations of censorship. At the same time, this includes
carrying out actions that allow awareness not only to journalists and
communicators, but also to the general public about the importance of managing
the good use of information and not to replicate information that is known to
be false, distorted or doubtful.
Keywords: Disinformation,
media, social networks, migrants, human rights, vulnerability
Esta
investigación se llevó a cabo utilizando una metodología cualitativa con un
alcance descriptivo. Se realizó una revisión documental de las Leyes 23.592,
24.515 y 25.871 de Argentina con el objetivo de identificar estrategias
empleadas para frenar la difusión de información falsa en los medios de
comunicación. También se analizaron artículos académicos e informes de
organismos internacionales (OIM, IEO, ONU). Entre los hallazgos más relevantes
se encuentra la dificultad de aplicar plenamente las normativas sin incurrir en
posibles casos de censura, lo que con frecuencia plantea dilemas morales. Las
implicancias reales incluyen la necesidad de proteger los derechos de las
personas migrantes frente a la difusión de información falsa que las afecta,
así como abordar cualquier acusación de censura. Al mismo tiempo, esto implica
llevar a cabo acciones que promuevan la concientización no solo entre
periodistas y comunicadores, sino también con el público en general, sobre la
importancia de hacer un uso responsable de la información y de evitar replicar
contenidos que se sabe que son falsos, distorsionados o dudosos.
Palabras clave:
desinformación, medios de comunicación, redes sociales, migrantes, derechos
humanos, vulnerabilidad
The right to migrate must be guaranteed, taking into
account principles such as universality and equality, which means that migrants
must be treated with respect for their customs and culture. Therefore, actions
by the media and social networks that violate the identity of migrants–such as
the dissemination of false information or content tainted by prejudice and
stereotypes–should be limited, as they ultimately misinform society and harm
this minority group. Likewise, mockery and humiliation constitute degrading and
unfair treatment of migrants.
As such, this research was
conducted following three main questions:
• How does
misinformation affect the rights of migrants?
• How can freedom of
expression be restricted when it generates disinformation?
• To what extent does
the right to freedom of expression conflict with the right to cultural identity
and/or the right to non-discrimination?
Respect for the culture of
migrants and the media
Within the framework of cultural rights, which are
part of human rights and as stated in the Fribourg Declaration (United Nations,
2007), these must be guaranteed without discrimination–that is, regardless of
sex, colour, religion, language, national or ethnic
origin, political convictions, social status, or any other cultural
characteristic of the person. In the same vein, the Inter-American Principles
on the Human Rights of All Migrants, Refugees, Stateless Persons and Victims of
Human Trafficking (2019) call for non-discrimination, equal access to justice,
and the protection of human rights in general. Respect for the identity of
migrants is essential; however, this is often not reflected in practice,
particularly on social networks and in the media, where such identities are
frequently attacked out of prejudice and misinformation (Pennycook & Rand, 2022;
Zilinsky et al., 2024).
The recently disappeared National Institute against
Discrimination, Xenophobia and Racism (INADI) of Argentina, carried out in this
country investigations on a news channel, which in the coverage of the G20
summit held in the city of Buenos Aires in 2018, the participants were treated
in a discriminatory manner. This leads us to ask, from a rights-based
perspective, to what extent the right to freedom of expression (John, 2018; Mastrini, 2011) conflicts with the right to cultural
identity and/or the right to non-discrimination. While individuals may exercise
their right to free expression, in cases where this right is exceeded, legal
action may be pursued, such as for slander or defamation. The Crónica TV channel is well known in Argentina
because it captures the attention of viewers through humorous or doublemeaning headlines. However, it has sometimes crossed
certain boundaries in that what is communicated ceases to be funny or amusing,
to become offensive. During the G20 Summit,
as mentioned above, the newscast made a series of jokes about several world
leaders that were described by the audience as pejorative and tasteless.
The following image retrieved
by Iprofesional (2018) exemplifies this:
From Iprofesional (2018)
(https://www.iprofesional.com/legales/282397-El-INADI-investiga-las-polemicas-placas-de-Cronica-TV-sobre-el-G20)
The image is an allusion to the arrival of the Indian
leader, compared to the character in the cartoon comedy The Simpsons.
Migrants also often suffer some violation of their
rights by the media when biased information is provided by prejudice and
stereotypes (Roozenbeek & van der Linden, 2018);
as well as when immigration is assumed to be a problem. Therefore, the media
must be careful with the messages they convey (Georgiou, 2013) and the social
representations they establish (Mannarini et al.,
2020; Orr & Husting, 2018), as these can generate social paranoia and lead
the public to adopt a negative attitude toward migrants, perceiving them, in
some way, as enemies (Santamaría, 2017; Tsoukala, 2017).
There is also often a lack of understanding about how
people’s rights are guaranteed. The fact that the State guarantees access to
and enjoyment of rights by immigrants’ does not indicate that it restricts the
rights of the rest of the population of the country. The foundations of such
ideas often arise from misinformation that circulates in society (Ecker et al.,
2022). Yet, the cultural rights of migrants are affected and violated when they
are treated as the «other» (Bailey & Harindranath,
2005) and marginalized by restricting all types of freedoms that they understand.
In this respect, we must note that cultural rights, as
indicated in the IberoAmerican Cultural Charter, are
fundamental rights (Ninth Ibero-American Conference
of Culture, 2006). Within this framework, individuals should be able to develop
their creative abilities, participate, and be included. However, one key aspect
we must consider is that we are currently shaped by telecommunications and new
technologies (including social networks), and the misuse of these tools may
affect and violate such rights. Technologies mediate individuals with reality
and in turn establish a new reality when they develop narratives that relate
migrants to economic problems, criminal acts and/or terrorism (Esses, 2021). In contrast, the media should collaborate in
the struggle to uphold and respect human rights (Moore-Berg et al., 2022).
The other side of social media
In social media people are aware of their feelings and
thoughts. Sometimes users express violence and contempt towards the «other»,
which is evident in debates and discussions that are generated in such a medium
(Ekman, 2019). In a way that seems less hostile, it is also attacked through
the humor condensed into images that circulate online and are commonly known as
memes. While we can find images based on innocent humour, many of them also
contain elements of resentment and reflect homophobic, xenophobic, racist, or
classist prejudice, among others.
Migrants are often caught up in this aggressive humor which affects and
violates their rights, installing and disseminating false information about
their customs and beliefs very quickly, something which is difficult to correct
(Johnson & Seifert, 1994). This denotes two issues: on the one hand, the
manifestation of hatred as such and non-acceptance of a different culture; on
the other hand, the setting of a limit, or rather an exclusion line, which is
usually validated by violence.
Migrants have sometimes been placed on an equal
footing with criminals, terrorists and rapists, and they have been incited in a
figurative way to attack them. The messages conveyed, thus, in totally
condemnable terms, denote a certain superiority which is falsely believed to
exist between one nationality and another. Even during the pandemic of
COVID-19, Twitter was the scene of a large number of xenophobic posts on this
subject, since this event was used as an excuse to blame the Chinese migrants
for the presence of the virus, triggering acts of violence in some cases (Luna,
2020).
Even the graphic medium Clarín echoed certain images that
it called «creative ideas circulating on networks and put a little humor to the
isolation by COVID-19» (Clarín,
2020, para. 1). Perhaps they did not notice that what might at first sight be
funny in fact reflected a prejudice towards the Chinese community about the
products coming from their country of origin (or what they produce in general)
being of poor quality and short duration. The following is one of these images:
Also, it is possible to observe in platforms like
Facebook, where it is common for digital newspapers to share their news, how many
Internet users are encouraged to participate with their comments and opinions,
which in many cases converge on attacks towards that «other different» (Rauch
& Schanz, 2013). We are referring primarily to
publications related to migratory phenomena, LGBTIQ+ pride marches, claims of
indigenous peoples, as well as any information pertaining to cultural
minorities (Dubrofsky & Wood, 2014). There is
something worrying here, and it is the fact that this hatred expressed on
social media is sustained in «real life» or, better said, «off line», since it
seems that at times people will split up and live two different lives: virtual
and real (Andrada-Zurita, 2023). Regardless of the
context in which an assault takes place, it remains an act of
aggression–whether carried out in person or through any medium, including
social media. This is especially concerning when it incites collective hatred
against a minority group, which is already vulnerable and exposed by such
practices.
It is therefore necessary to adopt measures (Pennycook et al., 2021)
that contribute to reduce these hate-motivated actions that are disseminated
through social networks, in order to guarantee the rights of migrants,
particularly non-discrimination and cultural identity (Dervin,
2012).
Our research was guided by three research questions,
already mentioned in advance. The initial question was: How does misinformation
affect migrants’ rights? In other words, how can the dissemination of false or
biased information lead to the violation of migrants’ rights. A second question
was: how can freedom of expression be restricted when it generates
misinformation? This question addresses the notion that, although freedom of
expression is a fundamental right that should not be arbitrarily restricted, it
may require certain forms of «regulation» when it infringes upon the rights of
others. Finally, a final question was: To what extent does the right to freedom
of expression clash with the right to cultural identity and/or the right to
nondiscrimination? The aim of this final question is to clarify how violations
of freedom of expression may affect the cultural identity of migrants through
certain expressions, as well as foster situations of discrimination that are
reprehensible.
To answer these questions, we used a qualitative
methodology and a descriptive scope (Bryman, 2016). The study focused on the
classification and analysis of academic articles, as well as reports made by
international organizations such as the International Organization for Migration
(IOM), the Organization of Ibero-American States for
Education, Science and Culture (OEI) and the United Nations (UN). Additionally,
the study focused on the current national legislation, particularly Law 23.592
on discriminatory acts, Law 24.515 establishing the National Institute against
Discrimination, Xenophobia and Racism, and Law 25.871 on migration; they are
closely related to the subject matter addressed and allow us to compare those
situations in which the rights of migrants as established therein are violated.
In other words, these laws establish a framework from which to operate, they
set the boundaries that must not be transgressed and the actions that will be
carried out in case of any violation of migrants’ rights.
Given that the aim is to highlight the relationship
between discourses transmitted through media and social networks with
disinformation, the policies adopted in response, the existing laws in this
field and their impact on the guarantees of cultural rights for migrant
populations, this study offers an assessment that will attempt to interpret the
phenomena in their natural state (Merriam, 2009), covering the period from 2013
to 2023.
Certainly, as this is not a case study involving the
selection of a specific population sample on which empirical work is done, but
rather a documentary analysis, that is to say, a theoretical study as mentioned
above. This approach allows for greater flexibility, which is advantageous as
it enables the exploration of related issues within the same field of study and
broadens the scope of the research itself. As a research technique, document
analysis involves the study and interpretation of documents relevant to
specific research, and in this case, it is combined with a critical research
perspective. Following Richard Yin (2013), we evaluate not only the content of
the texts, but their context and meaning.
By referring to the study and analysis of the selected
texts, as well as to the available data on the matter, we were able to
establish connections between them which allowed to determine the adequacy of
the legislation in force in Argentina. At the same time, it allowed us to
identify which similar strategies are been deployed worldwide to combat
disinformation, both in social networks and media; since they are among the
main factors of migrants’ rights violations worldwide. This in turn allows us
to affirm that both the methodology employed and the techniques of data
collection and analysis carried out, were appropriate for our research and the
results obtained.
We start from the theoretical background and raise
three questions that are key to develop how disinformation violates migrants’
rights:
1) How does misinformation affect
the rights of migrants?
The media influence how
society perceives migrants and their image, constituting a positive or negative
view depending on the characterization of the society and the message that it
seeks to convey. This message responds to stories and speeches supported by a
particular ideology (Caldas-Coulthard, 2003).
To use Engels’ terms, humans
are different from animals both by work and by language (Engels, 1973). Marx
and Engels (1977) also consider language to be the main means by which man
develops knowledge in order to appropriate nature. Culture, then, is the result
of the cumulative growth in human power over nature, which encompasses language,
thought, knowledge and even tools and working practices. Such a culture,
although it may present certain variations in its constitution, will pass from
one generation to another as if it were a sort of second nature to humankind.
The question of language as a
means of transmitting culture in an anthropological sense allows us to ask
whether it can become an instrument that distorts the material conditions
already mentioned. Stuart Hall (1992) points out that through language men
«elaborate stories and explanations, with which they give meaning to their
‘world’ and become aware of it», and thus questions: «Does it also bind and
work them instead of freeing them? How can thought conceal aspects of their
real conditions instead of clarifying them? » (p. 291).
Another relevant concept is
that of ideology, which according to
Hall (1992) has «a decentralizing and displacing effect on the free development
processes of ‘human culture’» (p. 284). Ideology is a set of dominant ideas; in
turn, the dominant material relations, embodied in a ruling class, determine
the extent and scope of an epoch. As Marx and Engels (1977) point out, the
domination is carried out by producers of ideas, by thinkers who regulate the
production and distribution of the ideas of their time. Althusser (1968) also
points out that, while ideologies are usually made up of systems of
representations, concepts and images, they impose themselves on men as
structures. In this sense, ideology is not defined by what is thought, but by
what is lived or experienced–that is, by the way individuals relate to their
conditions of existence. This is closely related to the idea that the media
influence how migrants are perceived and the prejudices that develop around
them. It stresses that both language and ideology are always present in the
speeches and messages conveyed through such media. They will be beneficial or
disadvantageous depending on the intentions of those who communicate and those
behind the management of media outlets. In this context, we can say that public
opinion will be somewhat shaped by the messages that are introduced in media
discourse, even if this includes disinformation.
2) To what extent does the right
to freedom of expression conflict with the right to cultural identity and/or
the right to non-discrimination?
When the exercise of freedom
of expression transgresses certain socially defined limits–where it manifests
as disrespect or disloyalty toward other members of society–this right may be
overridden by other rights, such as the right to nondiscrimination and the
right to cultural identity. This undoubtedly includes a violation of the rights
of an «other» who believes himself to be different and is therefore belittled,
either through the dissemination of false information and/or a type of
aggressive humour that is disseminated via different forms of media, including
social networks. This is why it is necessary to establish awareness campaigns,
where individuals are properly informed about certain practices included in
what is known as freedom of expression, but which may be counterproductive to
other individuals, causing significant harm. The focus here should be
emphatically placed on the concept of responsibility,
both at individual and collective levels, in relation to the use of information
and, in its absence, the disinformation established in society at large.
Such campaigns could aim to
raise awareness through different means, such as pamphlets, reels on social
media, and videos broadcast on television channels. They could also target the
educational level through intercultural education programs promoted by the
Ministry of Education, including training for teachers and other professionals.
The media can promote positive representation of immigrants, highlighting their
contributions or achievements, as well as establishing guidelines for
responsible and ethical journalism when addressing immigration related issues.
Undoubtedly, to carry out this kind of campaign, it is necessary to involve
different sectors of society, not only the political leadership sector but also
education, the media and the community itself, in order to achieve a
significant impact.
Both in Argentina and abroad,
there are regulations that reduce acts of hatred and discrimination against
migrants. This also applies to the transmission and dissemination of
information which is permeated with false data.
In Argentina, article 1 of Law
23.592 states that anyone who commits «discriminatory acts or omissions
determined on grounds such as race, religion, nationality, ideology, political
or trade opinion, sex, economic status, social condition or physical characteristics»
(Law 23.592, 1988, art. 1, para. 2), shall cease such action and make good the
moral and material damage caused. The National Institute against
Discrimination, Xenophobia and Racism (INADI), which was dissolved in August
2024 for almost three decades, was also responsible for the preparation of
«National policies and concrete measures to combat discrimination, xenophobia
and racism, promoting and carrying out actions to this end» (Law 24.515, 1995,
art. 2, para. 2).
In 2017, the Argentine
government launched a campaign to raise awareness of the issue, which had a
great impact on society, known as «I am a migrant», also carried out at global
level to combat racism, discrimination and xenophobia against migrants. This
work aimed to «dismantle discourses that discriminate» (OIM, 2017, para. 10).
In 2020, 21 regional forums
were held with the participation of 1694 organizations from all over Argentina.
In addition, the governments of each province were consulted on the problems
and policies implemented in each jurisdiction, this shows the interest in
overcoming the situations of violence that are gestating in society against
existing minorities in the country, including migrants. This is why we work on
the development and implementation of policies aligned with the problem at
hand, which is very necessary (Kozyreva et al.,
2024).
In conclusion, we can say that while there is a
normative framework in Argentina responsible for guaranteeing and safeguarding
the rights of migrants, one must pay attention to promoting a respectful use of
social networks (Andrada-Zurita & Manrique Quirós, 2022), as well as the information conveyed by the
media.
Note. From OIM Argentina
(2023) (https://argentina.iom.int/es/news/el-inadi-yoim-argentina-lanzaron-la-campana-somos-migrantes)
Historically, migration has had a significant
relevance in Argentina and still has it today, with more than two million
inhabitants of foreign origin, mainly from neighbouring
countries. Domestic regulations uphold and protect the rights of migrants, so
that the text of the Migration Law 25.871 recognizes the human right to migrate
and supports equal access to public goods, social services, employment, health,
education, justice and social security in the same way as native citizens.
Therefore, to combat any act of discrimination against migrants within society,
appropriate measures must be implemented.
However, the media have repeatedly transmitted
inaccurate or misleading information, which contributes to the emergence and/or
persistence of prejudices that affect this type of minority group and violate
their rights. Therefore, it is imperative that the State emphasize the
importance of making a conscious and responsible use of the information
transmitted.
Regarding social networks, in the dissemination of
degrading, aggressive and xenophobic and/or racist content, strategies to
prevent such actions are more difficult, but this does not mean that they are
impossible to formulate and implement. An example of this is that, in addition
to legal instruments, the state promotes multiple awareness campaigns which
contribute significantly to the responsible use of social media and to the
rectification of misinformation when necessary. This highlights the commitment
of the Argentine State to guaranteeing the rights of migrants.
Conflicto de intereses
La autora declara que no existe ningún tipo de conflicto de intereses.
Se ha
citado correspondientemente toda la bibliografía empleada para la realización
del artículo, así como también, las imágenes.
CAZ: la
autora declara ser responsable por la totalidad de la investigación y
elaboración del artículo.
El
presente artículo no tuvo ninguna fuente de financiamiento y se realizó con
recursos propios de la autora.
Este
artículo no ha utilizado para su redacción textos provenientes de LLM (como
ChatGPT u otros).
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Carolina Y.
Andrada-Zurita
Universidad Nacional del Sur, Argentina.
Licenciada en Filosofía por la Universidad Nacional
del Sur y Licenciada en Relaciones Internacionales por Universidad Empresarial
Siglo 21, Argentina. Docente e investigadora en Universidad Nacional del Sur.
También es docente a cargo de diplomaturas y especialización en el Instituto de
Ciencias Empresariales y Sociales. Directora y Editora de Revista Pares.
ORCID: https://orcid.org/0000-0001-7870-4188
© Los autores. Esta obra está bajo una Licencia Creative Commons Atribución 4.0 Internacional (CC - BY 4.0)