IEC gives parties 36 hours to fix election disinformation — or face sanctions
IEC draws the line on election disinformation with 36-hour rule
Political parties and candidates in South Africa will face sanctions if they fail to retract and correct election-related disinformation within 36 hours of becoming aware of it. This new rule is part of a recently introduced Electoral Code of Conduct designed to address the growing issue of disinformation in the digital age. The Electoral Commission of South Africa (IEC) notes that the existing framework did not account for the rapid spread of false claims and manipulated content through social media platforms.
The IEC's Deputy Chief Electoral Officer, Dr Victor Shale, emphasized the inadequacy of the previous legal framework in dealing with the pervasive use of digital and social media. The new code requires parties and candidates to take reasonable steps to identify and correct disinformation, as well as to publicly censure the person responsible for spreading it.
They must also report such instances to the IEC's designated complaints mechanism within 36 hours. Failure to comply with these regulations is considered a breach of the Code and subject to sanctions under the Local Government: Municipal Electoral Act. The IEC is also targeting newer forms of digital manipulation, such as AI-generated content, requiring clear labeling and identification as "synthetic content."
Shale highlighted the need for procedural correctness in election management, stating that the spread of disinformation could severely impact the electoral process. The South African Human Rights Commission has warned that efforts to combat disinformation must not infringe upon fundamental rights, emphasizing the need for measures that are lawful, necessary, and proportionate, without suppressing legitimate dissent.
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