Type of Legislation and Specific Law or Section Scope of Law Enforcement Sierra Leone (West Africa) Against falsehoods: Public Order Act, 1965 Section 32 criminalizes the publication of false statements, rumors, and reports. Section 32(1) prohibits the publication of any false statement, rumor, or report which is likely to cause fear or alarm amongst the public or disturb the public peace. Section 32(2) prohibits the publication of false information which is “calculated to bring into disrepute any person who holds an office under the Constitution, in the discharge of his duties.” Section 32(3) prohibits the publication of false information which is likely to “injure the credit or reputation of Sierra Leone or the government.” Violation of Section 32 may result in a fine not exceeding 300 leones or imprisonment for up to a year, or both. This penalty applies to false statements that are likely to cause fear or alarm amongst the public, disturb public peace, or injure the credit or reputation of Sierra Leone or the government. However, false statements which are “calculated to bring into disrepute any person who holds an office under the Constitution” may result in a fine not exceeding 500 leones or imprisonment not exceeding two years, or both. South Africa (southern Africa) Legislation related to Covid-19: Disaster Management Act 57 of 2002 Cybercrime: Cybercrimes and Cybersecurity Bill, 2017 Section 11(5) criminalizes the publication of any statement made “with the intention to deceive any other person” about Covid-19, the infection status of any person, or any measure taken by the government to address Covid-19. The “intention to deceive” is understood to mean that even if the content used is not false or fabricated, the way that it is used or published is misleading or deceptive. Violation is punishable by a fine or imprisonment for a period not exceeding six months, or both. Clause 17(2)(d) would criminalize the distribution of any data message that is harmful, including messages that are “inherently false in nature” and “aimed at causing mental, psychological, physical or economic harm to a specific person or group of persons.” A person would also have to consider the message as being harmful. The penalty for violation of Clause 17 would be a fine or imprisonment for a period not exceeding three years, or both. Clause 19 of the bill provides that a court may order an electronic communications service provider to disable access to or remove a data message in violation of Clause 17. The electronic communications service provider would be guilty of an offense if they do not comply with a court order. . Tanzania (southern Africa) Disinformation and Cybercrime: The Cybercrimes Act, 2015 The Electronic and Postal Communications Act, 2010 Electronic and Postal Communications (Online Content) Regulations, 2018 The Media Services Act 12 of 2016 The Electronic and Postal Communications (Online Content) Regulations, 2020 Section 16 of the Cybercrimes Act makes it a criminal offense to publish information or data in a computer system, where the person knows that it is false, deceptive, misleading, or inaccurate, and where there is an intention to defame, threaten, abuse, insult, or otherwise deceive or mislead the public, or to counsel the commission of an offense. Section 118(a) of the Electronic and Postal Communications Act, 2010, makes it a criminal offense to use network or content services to knowingly create, solicit, or initiate the transmission of communication which is, among other things, false, with the intention to annoy, abuse, threaten, or harass another person. Regulation 12 of the Electronic and Postal Communications (Online Content) Regulations, 2018, prohibits online service providers from publishing any “prohibited content,” including content which threatens national security or public health and safety, such as false information with regards to the outbreak of racial disturbances in a specific part of the country, and false content which is likely to mislead or deceive the public, except where it is clearly pre-stated that the content is satire and parody, or fiction, and not factual. ...continued Violation of Section 16 of the Cybercrimes Act will result in a minimum fine of 5 million Tanzanian shillings and a minimum prison sentence of three years, or both. Violation of Section 118(a) of the Electronic and Postal Communications Act, 2010, will result in a fine of not less than 5 million Tanzanian shillings or imprisonment for a term of not less than twelve months, or both. Furthermore, individuals will continue to be liable for a fine of 750,000 Tanzanian shillings for every day during which the offense is continued after conviction. Regulation 18 of the Electronic and Postal Communications (Online Content) Regulations, 2018, provides that a person who violates any regulation, including Regulation 12, will be liable for a minimum fine of 5 million Tanzanian shillings or a minimum prison sentence of one year, or both. ...continued I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH Sub -Saharan Africa – 1 84