Jamming the Radio Frequency Spectrum and Satellite Signals: A Legal and Technical Study

Dr Jamal Mohammad Al Habishi
Assistant Professor of Public International Law
Head of the Department of Sharia and Law
College of Humanities and Social Sciences
University of Science and Technology
Ibb Branch, Yemen

Abstract:


Satellites are among the most vital uses of human life, playing a key role in the economic, scientific, and technological activities of all nations, relying on the radio frequency spectrum and Earth orbits. However, they are increasingly vulnerable to interference, which can pose significant risks to the infrastructure (civilian and military) of users everywhere. Accordingly, this study seeks to examine the problem of interference with the radio frequency spectrum and satellite signals, in terms of the concept of interference, its history, types, risks, and the international stance and its variations. The study also examines the most prominent international efforts (political and scientific) to address the interference problem.
The study examines the legal status of jamming under international telecommunications law, international outer space law, and international human rights law. It concludes that jamming is prohibited under both international telecommunications law and international space law. Although international telecommunications law establishes legal rules for regulating the radio frequency spectrum, interference, and harmful interference, compliance with these rules is voluntary, there is no mechanism for binding enforcement, and the ITU has no authority to enforce or impose penalties against violators of its rules and regulations.
One of the criticisms of international space law is that it has not adequately discussed interference, nor has it devoted separate legal texts to it. Rather, it has been mentioned in a secondary, limited, and brief manner. The study concluded that harmful interference constitutes a violation of human rights principles, as it violates the right to access information and the free flow of information.
Keywords: harmful interference, ITU, Radio Regulations, outer space, and free flow of information.

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