By Charmaine Ndlela
The Electoral Commission has gazetted a binding election disinformation code giving political parties and candidates 36 hours to correct false information and report suspected online disinformation ahead of the local government elections.
The Electoral Code of Conduct on Countering Disinformation in Local Government Elections, published in the Government Gazette on Friday, applies to election-related communications, conduct and campaign activities by political parties and candidates both online and offline.
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The commission said the code was aimed at “safeguarding the flow of accurate and trustworthy election-related information in the public interest” and making the information environment more resilient to disinformation and manipulation.
Under the new framework, parties and candidates commit to ensuring that information disseminated by them, for them or on their behalf is “reliable, substantiated and checked for accuracy prior to dissemination”.
36-hour correction window
The code requires parties and candidates to take steps, “as soon as reasonably practicable, but no later than 36 hours of becoming aware”, to publicly retract and correct disinformation or other false and misleading information disseminated by them, for them or on their behalf.
They must also publicly censure anyone responsible for disseminating the disinformation.
Parties and candidates must promote awareness of the code among office-bearers, representatives, members and supporters, provide support and training to help them comply, and exercise oversight over communications and platforms under their direct control.
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Where appropriate and within their control, they must also publicly condemn and sanction members or nominated candidates who contravene the code, electoral law or other relevant legislation.
Parties and candidates may not distribute information they know to be false, do not have reasonable grounds to believe is true or which “demonstrates a reckless disregard for verifiable information”.
The code further prohibits content that could reasonably contribute to voter dissuasion, public violence, harassment, hate speech or discrimination, as well as attempts to discredit legitimate criticism or reporting by improperly labelling it as false.
But it expressly protects “lawful criticism, opinion, commentary, fair reporting, satire, parody or legitimate democratic debate” where such speech is constitutionally protected.
Artificial intelligence
The rise of artificial intelligence has also prompted specific requirements around synthetic content.
The code defines synthetic content as audio, images, video or text generated through artificial intelligence.
Parties and candidates must mark such material as “synthetic content” before distribution, taking into account its nature, purpose and likely consequences and the need to avoid confusion over its authenticity.
The code also targets tactics designed to artificially manufacture political support online.
It prohibits inauthentic online behaviour such as “fake accounts or automated bots, intended to manipulate voter opinions”, as well as deceptive content and cyberbullying.
It also prohibits the targeting of falsehoods at individuals or groups based on confidential or sensitive personal information.
Political advertising
All political advertising, including advertisements distributed through online platforms, must be clearly and appropriately labelled with the relevant party or candidate before distribution.
Parties and candidates must maintain transparency, diligence and accountability around political advertising regardless of the medium used.
They must also take reasonable steps to monitor their own or associated online platforms for disinformation and take “rapid action to publicly correct and limit the further spread” of it.
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The code requires them to keep records of disinformation disseminated by or on their behalf for possible notification to the commission or use in an investigation.
The commission has designated Real 411 as the online complaints mechanism under the code.
Parties and candidates must report all instances of disinformation or suspected disinformation distributed through an online platform to the mechanism within 36 hours of becoming aware of it.
False claims against IEC
The new rules also seek to prevent political actors from undermining the credibility of the electoral authority through false claims.
Parties and candidates undertake not to disseminate disinformation about the commission, its commissioners or staff, or spread false information intended to mislead the public or materially undermine electoral integrity.
They must publicly correct disinformation published about the commission and assist with lawful investigations.
The code also commits parties and candidates to proactively disclose election-related information in the public interest, including information about their structures, processes, decisions, expenditure and policies.
Failure to comply constitutes a breach and is “subject to sanction as contemplated under the Act”.
The code will remain binding from its publication until the election results are declared.
