Partly due to the rapidity with which mis- and disinformation emerges, spreads, and disappears, initiatives tend to be reactive rather than proactive. In general, fact-checked information is less dramatic than false information and so does not receive as much attention. Organizations are still struggling to figure out how to create counter-content that is as appealing in format or style as the associated false information. Although low trust in media channels is common in Africa, the barrage of information from all around the world, combined with constantly changing narratives on different issues, has led to increased distrust in traditional information sources and also in information more generally. This makes it difficult to counteract false information with accurate information, because all information might be considered suspect. Monitoring and evaluation of the impact of responses to counter information disorder is difficult to conduct, in part because of the intangible and diffuse nature of information disorder and the general difficulty in tracing the direct impact of certain efforts, such as policy advocacy. A related monitoring and evaluation challenge for global organizations is that extra effort might be needed to obtain accurate information on the state of affairs on the ground (especially as regards program problems and weaknesses). Other challenges raised were the following: • There is a lack of local tools that take into account local context and languages. The multiplicity of African languages adds yet another layer of complexity. Most monitoring tools are developed outside Africa. • Media incentive structures that reward audience engagement metrics such as the number of likes and ad clicks lead to journalists prioritizing those metrics over accuracy. • Low digital access in some parts of the region means that people cannot access corrected information that is published online. • Political leaders lack understanding of what information disorder is and what impact it has. There is thus a need for education, not only of the general public but of the political class as well. • Actors are sometimes vilified by opposing interests, for example through being labelled purveyors of false information themselves. • Global organizations face additional challenges in managing projects from afar, since their head offices are generally not located in Africa. • It is sometimes not worth fact checking particular items, for example due to the amount of time elapsed since the falsehood started spreading. I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH 6. THE LEGAL ENVIRONMENT In sub-Saharan Africa, much like the rest of the rest of the world, responses to information disorder span a number of sectors. While it is mostly not-for-profit organizations that have taken charge in combating the disorder through strategies such as media literacy and fact checking, various state authorities are also involved in combating information disorder, mostly through legislative and policy interventions. This study examined the legislative efforts of fortysix countries in sub-Saharan Africa. The use of the law as a viable strategy has been questioned and met with skepticism in different jurisdictions in the region. This is not surprising, as sub-Saharan Africa is known for authoritarian regimes who repress human rights and the media fraternity through restrictions on the right to information, freedom of the press, and freedom of expression. It is due to this grim history that most civil society and non-governmental actors view governmental legislative efforts with skepticism. The general feeling is that such laws are put in place to silence government critics and that they will thus be applied or enforced selectively, resulting in the violation of fundamental human rights and the stifling of the right to freedom of speech and, in certain instances, press freedom. In this sense, some critics argue that the law should be considered as an intervention only where strong democratic principles are evident and the rule of law is observed without fear or favor. In this section, we provide an overview of the relevant legislation in sub-Saharan Africa, and we also discuss some case studies to illustrate how these laws have been applied, often with detrimental effects for press freedom or freedom of expression. 6.1 LEGAL MAPPING IN SUBSAHARAN AFRICA In most of the forty-six countries focused on in this study, legal bases exist for the different ways in which information disorder has manifested. However, bar Ethiopia, none of the countries currently have specific legislation focusing Sub -Saharan Africa – 1 58

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