IEC gives parties 36 hours to correct false election claims under new Disinformation Code

The Electoral Commission of South Africa (IEC) has introduced a new Disinformation Code that requires political parties and candidates to publicly retract and correct false or misleading election-related information within 36 hours of becoming aware of it.

New rules aim to protect integrity of local elections

The Electoral Code of Conduct Countering Disinformation in the Local Government Elections called the Disinformation Code was promulgated on Friday. The IEC said the Code is aimed at enhancing election integrity and promoting free, fair and orderly local government elections.

“Free and fair elections depend on procedural correctness and credible information that is key to shaping the voters’ choices,”

the Commission said.

Who the Code covers and what it restricts

The Code applies to political parties, candidates and anyone acting on their instructions, authority or for reward. It covers election-related communication both online and offline, whether paid or unpaid.

Under the rules, parties and candidates must check the accuracy of information before sharing it and take responsibility for content published by them, for them or on their behalf. They must also censure those responsible where appropriate.

The Code specifically prohibits the use of fake accounts, bot networks, coordinated inauthentic behaviour, doxing and cyberbullying.

Reporting, AI labelling and advertising rules

Those covered by the Code must report suspected online disinformation to Real411 within 36 hours of becoming aware of it. The Code also requires that AI-generated, or “synthetic”, content must be clearly labelled before distribution.

In addition, the Disinformation Code requires that political advertising be clearly labelled so the public can identify who is behind it. The rules apply regardless of whether content is distributed online or offline.

Protection for IEC and enforcement

The Code prohibits disinformation targeting the IEC or its staff, and requires parties and candidates to publicly correct such disinformation where it occurs.

Members of the public, political parties, candidates and organisations can report suspected election-related disinformation through Real411. Reports may relate to disinformation targeting the electoral process, contestants, the IEC or its staff.

The Disinformation Code was promulgated under section 88(a) of the Local Government: Municipal Electoral Act 27 of 2000 and forms part of the Electoral Code of Conduct. The same sanctions that apply to contraventions of the Electoral Code of Conduct will apply to breaches of the Disinformation Code.

Legitimate debate preserved

The IEC said the Code is not intended to prevent legitimate criticism or political debate. It permits “lawful criticism, opinion, commentary, fair reporting, satire, parody or legitimate democratic debate” where these fall within the realm of protected speech.