Cyber-interference in electoral processes and the principle of non-intervention (an International and European perspective)

Abstract

In recent years, there has been a proliferation of state interference in democratic processes using cyberspace to try to change the outcome of elections and/or manipulate voters. This Study aims to analyse the legal regime applicable to such interference, more difficult to detect and to qualify legally, because it takes place in that complex environment (cyberspace). The European Union's most recent efforts to control this type of conduct are the starting point of this analysis, which also studies the international law regime and the opinion of different states, with a special focus on the application of the principles of non-intervention and sovereignty to cyberspace. Tackling the difficulties of attributing such conduct and assessing possible reactions is the obligatory final closure of this article, which also deals with the countermeasures and, in the case of the EU, the restrictive measures that could be adopted.