Type of Legislation and Specific Law or Section Scope of Law Enforcement Lesotho (southern Africa) Legislation related to Covid-19: Legal Notice No. 26 of 2020: Declaration of Covid-19 State of Emergency Notice Public Health (Covid-19) Regulations, 2020 Disinformation: Communications Act, 2012 Against falsehoods: Broadcasting Rules, 2004 Section 3(f) of Legal Notice No. 26 of 2020 states that the public should note that the publishing of fake news constitutes an offense and that broadcast licensees may not publish such news. Section 10(5) of the Public Health (Covid-19) Regulations provides that “no person shall publish or spread fake or false information.” Any person who contravenes the provisions of Section 10(5) of the Public Health (Covid-19) Regulations commits an offense and is liable to a fine not exceeding 5,000 maloti or to imprisonment for a period not exceeding one month, or both. Section 44(1)(e) of the Communications Act makes it an offense to intentionally modify or interfere with the contents of any message sent by means of a communications service. If the authority determines that a licensee has contravened the provisions of the Act, the authority may issue a warning to the licensee, direct the licensee to take actions to remedy the violation, impose financial penalties on the licensee, require the licensee to make restitution to anyone affected or directly injured as a result of the contravention, or modify or revoke the licensee’s license. Rule 8(2) of the Broadcasting Rules provides that news and information should be presented in the correct context and in a balanced manner without the intentional or negligent departure from facts, whether through distortion, exaggeration or misinterpretation, material omission, or summarizing or editing. Section 26 states that if a licensee has failed to comply with any requirement of the Act, the authority may impose a fine or direct the licensee to broadcast a correction or an apology or both. The amount of any financial penalty imposed shall be determined by the authority. Madagascar (southern Africa) Misinformation: Law 2016-029 Establishing the Code of Media Communication The Penal Code, 2001 Article 30 of Law 2016-029 prohibits the publication, dissemination, or production of false news which has or is likely to mislead the public, disturb public peace, undermine the discipline or the morale of the armed forces, obstruct civil peace, undermine public confidence in the strength of the currency, or cause withdrawals of public funds. Article 91 of the Penal Code broadly criminalizes any acts that are likely to compromise public security, cause serious political unrest, or provoke hatred of the government. Violation of Article 30 of Law 2016-029 will result in a fine of between 3 million to 6 million ariary. Violation of Article 91 of the Penal Code will result in imprisonment for a term of between one and five years. Malawi (southern Africa) Misinformation: The Penal Code, Chapter 7(1) The Electronic Transactions and Cyber Security Act, 2016 The Public Security Regulations Section 60 of the Penal Code criminalizes the publication of false news in a vague manner. It provides that “any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace shall be guilty of a misdemeanor.” Section 87 of the Electronic Transactions and Cyber Security Act makes it a misdemeanor for a person to “wilfully and repeatedly use electronic communication to disturb or attempts to disturb the peace, quietness or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues.” Regulation 4 of the Public Security Regulations prohibits any person from acting or publishing anything likely to prejudice public security, undermine public confidence in the government, promote a feeling of ill-will or hostility between any sections or classes or races of people in Malawi, or promote industrial unrest. I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH Section 34 of the Penal Code provides for the punishment of misdemeanors such as those described in Section 60. It indicates that a person may be fined or imprisoned for a term not exceeding two years, or both. Section 87 of the Electronic Transactions and Cyber Security Act stipulates a fine of 1 million kwacha and imprisonment for twelve months for any violation. Regulation 4 of the Public Security Regulations is silent on penalty. However, Regulation 14 provides for punishment through a fine of 1,000 kwacha and imprisonment of five years. Sub -Saharan Africa – 1 81