The human right to cognitive self-defense against technologies that manipulate consciousness
S. Kravchuk
Visnik Nacional'nogo universitetu «Lvivska politehnika» Seria Uridicni nauki June 30, 2026 DOI: 10.23939/law2026.50.152 (opens in new tab)
Study at a glance
AI-extracted from the abstract| Characteristics | Theoretical or philosophical paper Peer reviewed |
|---|---|
| Keywords | Law |
| Key points | Argues that cognitive warfare now targets subconscious thought and belief formation rather than information flows, and that the right to cognitive self-defense should be recognized within a fourth-generation legal status of the person. Contends that current Ukrainian and EU law, including the AI Act, is insufficient against neuromanipulation and algorithmic pressure, and proposes criminalizing cognitive violence, reforming Ukraine's 'On Information' law into an 'information constitution,' and adopting state media-literacy policy. |
Abstract
Ensuring the legal protection of an individual’s mental integrity in the context of the total digital transformation of social relations is a pressing issue. This article examines the problem of unauthorized interference in the human cognitive sphere through the use of advanced technologies, which has become a tool for strategic dominance in modern hybrid conflicts. It is argued that cognitive warfare shifts the focus from controlling information flows to directly manipulating thought processes, decision-making, and the formation of beliefs at the subconscious level. The protection of cognitive freedom is viewed as a fundamental prerequisite for preserving the democratic system and personal autonomy. The article substantiates the need to recognize the right to cognitive self-defense as an integral element of the fourth-generation legal status of the human person. The research methods included a systemic-structural analysis of legal norms, a comparative legal method in the study of European Union standards, as well as a dialectical approach to understanding the nature of manipulative influences. The article applies a deconstruction of framing and digital “nagging” technologies, which allowed for the identification of hidden mechanisms of the erosion of free will in the digital space. The research is based on a current body of sources and takes into account the challenges of martial law in Ukraine. The current state of legal regulation of artificial intelligence and neurotechnologies in Ukraine and the European Union is also analyzed. It is believed that the existing legal framework is insufficient to counter the latest threats of neuromanipulation and algorithmic pressure. It is demonstrated that cognitive security must be based on the presumption of mental sovereignty, where any interference in mental processes without the subject’s informed consent is classified as a legal violation. Particular attention is paid to the analysis of EU Regulation 2024/1689 (Artificial Intelligence Act) as a global benchmark for the prohibition of destructive artificial intelligence systems. The paper concludes that Ukraine’s successful European integration requires the urgent harmonization of national legislation with European standards in the field of cognitive security. Particular attention is paid to the concepts of “mental privacy,” “cognitive resilience,” and “subconscious influence.” The paper establishes the need to reform the Law of Ukraine “On Information” to create an “information constitution” that would protect citizens from personalized disinformation and deepfakes. Methods for improving legislation are proposed, including the criminalization of cognitive violence and the development of a state policy on media literacy as the nation’s intellectual shield. Keywords: cognitive self-defense, manipulation of consciousness, cognitive warfare, neurotechnologies, mental privacy, artificial intelligence, AI Act, mental sovereignty, hybrid aggression, information security.