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law:hist:broadcasting_1936

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law:hist:broadcasting_1936 [2026/09/27 18:20] – Entry created (draft) lfpolaw:hist:broadcasting_1936 [2026/10/01 14:09] (current) – Disclaimer reference added lfpo
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-====== International Convention concerning the Use of Broadcasting in the Cause of Peace ======+====== Broadcasting in the Cause of Peace Convention (1936) ======
  
-//Draft – editorial review pending. As of 27 September 2026.//+//As of 30 September 2026. Information only, not legal advice – see the [[about:disclaimer|disclaimer]].//
  
 +^ Full title | International Convention concerning the Use of Broadcasting in the Cause of Peace |
 ^ Type | Treaty (League of Nations) | ^ Type | Treaty (League of Nations) |
 ^ Adopted by | Intergovernmental Conference convened under the auspices of the League of Nations (Geneva) | ^ Adopted by | Intergovernmental Conference convened under the auspices of the League of Nations (Geneva) |
 ^ Adopted | Signed at Geneva, 23 September 1936 | ^ Adopted | Signed at Geneva, 23 September 1936 |
-^ Legal status | In force since 2 April 1938; registered in the League of Nations Treaty Series, No. 4319, vol. 186, p. 301; the UN Secretary-General performs depositary functions. Remains in force for the States that have not denounced it; several States denounced it in the 1980s (see below). Current number of parties: 29 as of 2013 according to secondary sources [to be verified]; binding on parties |+^ Legal status | In force since 2 April 1938; registered in the League of Nations Treaty Series, No. 4319, vol. 186, p. 301; the UN Secretary-General performs depositary functions. Remains in force for the States that have not denounced it; several States denounced it in the 1980s (see below). The depositary does not state a consolidated number of current parties; according to Wikipedia (secondary source), the Convention was in force for 29 States as of 2013; binding on parties |
 ^ Official text | [[https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280046246&clang=_en|UN Treaty Collection – League of Nations treaties]] | ^ Official text | [[https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280046246&clang=_en|UN Treaty Collection – League of Nations treaties]] |
-^ Matrix position | pragmatic · international order |+^ Subject area | Propaganda, disinformation and elections |
  
 ===== Overview ===== ===== Overview =====
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   * **Art. 2** – Parties undertake to ensure that transmissions from stations within their territories do not constitute an incitement to war against another party, or to acts likely to lead thereto.   * **Art. 2** – Parties undertake to ensure that transmissions from stations within their territories do not constitute an incitement to war against another party, or to acts likely to lead thereto.
   * **Art. 3** – Parties undertake to prohibit and stop transmissions likely to harm good international understanding by statements the incorrectness of which is or ought to be known to the persons responsible, and to ensure that such statements are rectified at the earliest possible moment by the most effective means.   * **Art. 3** – Parties undertake to prohibit and stop transmissions likely to harm good international understanding by statements the incorrectness of which is or ought to be known to the persons responsible, and to ensure that such statements are rectified at the earliest possible moment by the most effective means.
-  * **Art. 4** – Verification of the accuracy of information concerning international relations broadcast by services under the parties' control, in particular in times of crisis [to be verified].+  * **Art. 4** – Parties undertake to ensure, "especially in time of crisis", that stations within their territories broadcast information concerning international relations "the accuracy of which shall have been verified".
   * **Art. 5** – Parties undertake to make available information facilitating broadcasts that promote better knowledge of their civilisation, conditions of life and international relations.   * **Art. 5** – Parties undertake to make available information facilitating broadcasts that promote better knowledge of their civilisation, conditions of life and international relations.
-  * **Art. 7** – Settlement of disputes regarding interpretation or application, including recourse to arbitration or judicial settlement [to be verified – details of the procedure]. +  * **Art. 7** – Disputes on interpretation or application that cannot be settled through the diplomatic channel are to be settled under the dispute-settlement provisions in force between the parties; failing such provisions, they are to be submitted to arbitration or judicial settlement, with recourse to the Permanent Court of International Justice (for parties to its Statute) or otherwise to an arbitral tribunal under the 1907 Hague Convention; the parties may first, by agreement, seek the good offices of the International Committee on Intellectual Co-operation. 
-  * **Denunciation** – According to depositary records, a denunciation takes effect one year after notification.+  * **Art. 13 (denunciation)** – A denunciation takes effect one year after its receipt by the depositary.
  
 ===== Application to cyber and information operations ===== ===== Application to cyber and information operations =====
-**Participation.** On the eve of the Second World War the Convention had been ratified by around 22 States; Germany, Italy, Japan and the United States did not become parties (secondary sources). Following the Second World War, UN General Assembly resolution 841 (IX) of 17 December 1954 requested the Secretary-General to prepare a draft protocol transferring to the United Nations the functions previously assigned to the League of Nations under the Convention; the protocol did not enter into force [to be verified]. Accessions and successions continued after 1945, including by the Lao People's Democratic Republic (1966), the Holy See (1967), Bulgaria (1972), the USSR (ratification 1983; now listed as the Russian Federation), Hungary (1984), the German Democratic Republic (1984), Czechoslovakia (1985), Afghanistan (1985), Mongolia (1985), Zimbabwe (succession notified 1998) and Liberia (2005).+**Participation.** According to Wikipedia (secondary source), there were 22 parties when the Second World War broke out, and Germany, Italy, Japan and the United States were not among them. Following the Second World War, UN General Assembly resolution 841 (IX) of 17 December 1954 asked the parties whether they wished to transfer to the United Nations the functions previously performed by the League of Nations under the Convention, and requested the Secretary-General to prepare and circulate a draft protocol for that purpose, including provisions on accession by new parties. According to Wikipedia (secondary source), the draft protocol attracted little support and the efforts to revive the Convention were not pursued. Accessions and successions continued after 1945, including by the Lao People's Democratic Republic (1966), the Holy See (1967), Bulgaria (1972), the USSR (ratification 1983; now listed as the Russian Federation), Hungary (1984), the German Democratic Republic (1984), Czechoslovakia (1985), Afghanistan (1985), Mongolia (1985), Zimbabwe (succession notified 1998) and Liberia (2005).
  
 **Denunciations.** The following denunciations are recorded by the depositary: the Netherlands (notified 10 October 1982, effective 11 October 1983), France (notified 13 April 1984, effective 13 April 1985; France cited incompatibility with its domestic broadcasting law of 29 July 1982), Australia (notified 17 May 1985, effective 17 May 1986) and the United Kingdom (notified 24 July 1985, also covering territories for whose international relations it was responsible). **Denunciations.** The following denunciations are recorded by the depositary: the Netherlands (notified 10 October 1982, effective 11 October 1983), France (notified 13 April 1984, effective 13 April 1985; France cited incompatibility with its domestic broadcasting law of 29 July 1982), Australia (notified 17 May 1985, effective 17 May 1986) and the United Kingdom (notified 24 July 1985, also covering territories for whose international relations it was responsible).
  
-**Reservations.** The USSR made reservations, including to the dispute-settlement clause (Art. 7), and reserved the right to take reciprocal measures; the United Kingdom objected without precluding entry into force. The depositary records the withdrawal of reservations to Art. 7 by Czechoslovakia (1991) and Mongolia (1990); no withdrawal by the USSR/Russian Federation is recorded in the information consulted [to be verified].+**Reservations.** The USSR made reservations, including to the dispute-settlement clause (Art. 7), and reserved the right to take reciprocal measures; the United Kingdom objected without precluding entry into force. The depositary records the withdrawal of reservations to Art. 7 by Czechoslovakia (1991) and Mongolia (1990); the depositary information does not record a withdrawal of the reservation by the USSR or the Russian Federation, which is listed as a party. The USSR also declared Art. 14 of the Convention obsolete.
  
-**Current debate.** Since 2022, contributions in academic commentary (e.g. on EJIL:Talk!) have argued that the Convention applies to State-sponsored war propaganda and disinformation and could provide a basis for inter-State dispute settlement; the status of the parties concerned and of the reservations is relevant to such arguments [to be verified – States concerned and status of their participation].+**Current debate.** Since 2022, contributions in academic commentary (e.g. on EJIL:Talk!) have argued that State-sponsored war propaganda and disinformation by the Russian Federation breach the Convention. The Russian Federation is listed by the depositary as a party (ratification by the USSR, 3 February 1983), subject to the reservation to Art. 7 described above.
  
 ===== Recent developments ===== ===== Recent developments =====
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   * [[https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280046246&clang=_en|UN Treaty Collection, International Convention concerning the Use of Broadcasting in the Cause of Peace (LoN registration No. 4319)]], accessed 2026-09-27   * [[https://treaties.un.org/Pages/showDetails.aspx?objid=0800000280046246&clang=_en|UN Treaty Collection, International Convention concerning the Use of Broadcasting in the Cause of Peace (LoN registration No. 4319)]], accessed 2026-09-27
   * [[https://treaties.un.org/doc/Publication/MTDSG/Volume%20II/LON/PARTII-1.en.pdf|UN Treaty Collection, Multilateral Treaties Deposited with the Secretary-General, Part II (League of Nations treaties)]], accessed 2026-09-27   * [[https://treaties.un.org/doc/Publication/MTDSG/Volume%20II/LON/PARTII-1.en.pdf|UN Treaty Collection, Multilateral Treaties Deposited with the Secretary-General, Part II (League of Nations treaties)]], accessed 2026-09-27
 +  * [[https://nationalarchives.gov.fk/jdownloads/People/Culture%20-%20Media%20-%20Broadcasting/MED-BRO-2-09.%20International%20convention%20concerning%20the%20use%20of%20broadcasting%20in%20the%20cause%20of%20peace.pdf|Text of the Convention, HMSO Cmd. 5505 (1937), Falkland Islands National Archives]], accessed 2026-09-30
   * [[https://www.refworld.org/legal/resolution/unga/1954/27211|UN General Assembly resolution 841 (IX), 17 December 1954 (Refworld)]], accessed 2026-09-27   * [[https://www.refworld.org/legal/resolution/unga/1954/27211|UN General Assembly resolution 841 (IX), 17 December 1954 (Refworld)]], accessed 2026-09-27
   * [[https://digitallibrary.un.org/record/211972?ln=en|UN Digital Library – International Convention concerning the Use of Broadcasting in the Cause of Peace (Geneva, 1936)]], accessed 2026-09-27   * [[https://digitallibrary.un.org/record/211972?ln=en|UN Digital Library – International Convention concerning the Use of Broadcasting in the Cause of Peace (Geneva, 1936)]], accessed 2026-09-27
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 ===== Change log ===== ===== Change log =====
   * 2026-09-27: Entry created (draft).   * 2026-09-27: Entry created (draft).
 +  * 2026-09-30: Entry reviewed and finalised.
  
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