ANNEX B Type of Legislation and Specific Law or Section Scope of Law Enforcement Angola (southern Africa) Against falsehoods: Penal Code 2019 Article 224 criminalizes the abuse of press freedom and the dissemination of information that encourages secession; the creation of organized groups of crime; the instigation of racial, tribal, ethnic, and religious hatred; and apologies for fascist and racist ideologies. It also criminalizes the intentional promotion of a campaign to persecute or defame any person through the systematic and continuous dissemination of false information about facts, attitudes, or the professional, administrative, or commercial performance of that person. It further criminalizes the intentional publication of false news. Article 322 prohibits propaganda against the national defense force and the armed forces. It covers the divulging of false statements or the distortion of true facts that may impact on the actions of the armed forces. Violation of Article 224 is punishable by up to six months in prison or a fine. Violation of Article 322 may result in up to three years in prison or a fine, and up to five years in prison during wartime. If the offense was committed intentionally, violation of Article 322 may result in up to five years in prison, or between two and six years during wartime. Benin (central Africa) Against falsehoods: Loi 2017-20 du 20 Avril 2018 portant code du numérique en République du Bénin Article 550(3) broadly criminalizes the dissemination of false information about a person. Violation may result in a fine of 500,000 to 1 million CFA francs and between one to six months’ imprisonment, or both. Botswana (southern Africa) Misinformation: Penal Code, Chapter 08:01 Disinformation: Penal Code, Chapter 08:01 Legislation related to Covid-19: Emergency (COVID-19) Regulations, 2020 Cybercrime: Cybercrime and Computer Related Crimes Act, 2018 Section 59(1) criminalizes the publication of “any false statement, rumor, or report which is likely to cause fear and alarm to the public or to disturb the public peace.” Section 33 of the Penal Code indicates that violation of Section 59 may result in a punishment of imprisonment for up to two years, or a fine, or both. Section 55(b) makes it illegal for an individual to send a message “which he or she knows to be false” with the purpose of causing “annoyance, inconvenience or anxiety to another person.” However, this section requires the individual to know that the information is false; it thus does not punish misinformation. Violation of this section may result in a fine of between 10,000 and 50,000 pula, or imprisonment for a term of between one and four years (or both). Regulation 31(3) criminalizes the publication of any statement with the intention of deceiving another person about Covid-19, the Covid-19 infection status of a person, or any measure taken by the government to address Covid-19. Speech is restricted only where it is in pursuance of the protection of public health, which is a legitimate aim. Violation may result in a fine not exceeding 100,000 pula or imprisonment for a term not exceeding five years, or both. Section 18 criminalizes offensive electronic communication. While this provision does not directly address disinformation, it has been used to prosecute individuals for disinformation alongside other offenses. It provides that “a person who willfully, maliciously or repeatedly uses electronic communication of an offensive nature to disturb or attempt to disturb the peace, quiet or privacy of any person with no purpose to legitimate communication” is guilty of an offense. Violation may result in a fine not exceeding 20,000 pula or imprisonment for a term not exceeding one year, or both. Burkina Faso (West Africa) Disinformation: Penal Code No. 025-2018/AN Articles 312–13 of the Penal Code criminalize the intentional dissemination of false information which is likely to make others believe that the destruction of property or an attack against persons has already occurred or is likely to take place. I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH Violation may result in a fine of 1 million to 10 million CFA francs and imprisonment of between one to five years. Sub -Saharan Africa – 1 7 7