IEC introduces new disinformation rules ahead of local elections

The Electoral Commission of South Africa (IEC) has gazetted a new code of conduct aimed at combating disinformation ahead of the November 4 Local Government Elections.

The Electoral Code of Conduct Countering Disinformation in the Local Government Elections, commonly known as the Disinformation Code, was promulgated on September 4.

The code seeks to strengthen election integrity while promoting free, fair and orderly elections. It protects lawful criticism, opinion, commentary, fair reporting, satire, parody and legitimate democratic debate, provided these fall within the scope of protected speech.

According to the IEC, the Disinformation Code was published under Section 88(a) of the Local Government: Municipal Electoral Act 27 of 2000 and forms part of the Electoral Code of Conduct.

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This means contraventions of the Disinformation Code are subject to the same sanctions that apply to breaches of the Electoral Code of Conduct.

“The publication of the Disinformation Code is in terms of section 88(a) of the Local Government: Municipal Electoral Act 27 of 2000 (the Act), and it is part of the Electoral Code of Conduct,” the Commission said in a statement on Tuesday.

Who the code covers

The code sets out safeguards for political parties, candidates and anyone acting on their instruction, under their authority or for their reward.

It applies to election-related communication across all platforms, whether online or offline, and whether paid or unpaid.

“The Code protects legitimate debate and robust debate,” the Commission said.

What parties and candidates must do

Under the code, political parties and candidates must verify information before sharing it and take responsibility for content published by them, for them or on their behalf.

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They must also publicly retract and correct false or misleading information within 36 hours of becoming aware of it, and censure those responsible where appropriate.

The code requires parties and candidates to avoid deceptive practices, including fake accounts, bot networks, co-ordinated inauthentic behaviour, doxing and cyberbullying.

AI-generated or “synthetic” content must be clearly labelled before it is distributed, while political advertising must also be clearly identified so the public can establish who is behind it.

Parties and candidates must report instances of online disinformation to Real411 within 36 hours of becoming aware of them.

They are also required to promote awareness of the code among their members and supporters, while supporting broader efforts around media literacy and voter education.

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The Commission said the code specifically prohibits disinformation targeting the IEC or its staff, requiring parties and candidates to publicly correct such information when it occurs.

Where to report suspected disinformation

The IEC has designated the digital disinformation reporting and tracking platform Real411 to receive reports of suspected election-related disinformation.

The platform is available to members of the public, political parties, candidates and organisations wishing to report suspected disinformation.

“This could be disinformation targeting the electoral process, contestants, the Electoral Commission and its staff,” the Commission said.

Code remains in force until election results are declared

The Disinformation Code took effect on September 4 and will remain in force until the election results are declared.

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Political parties and candidates will also commit to complying with the code as part of the public commitment made during the electoral code of conduct signing ceremony on September 23.

The IEC’s move comes as preparations for the November 4 elections continue. The Commission has previously identified generative artificial intelligence and hyper-local disinformation as growing risks ahead of the polls.