penal laws does not vary much; some examples
from the region are presented below to synthesize
the general sentiments found in the penal laws.
Angola and Benin are the only two countries
that use penal laws against falsehoods. In Angola,
Article 224 of the Penal Code 2019 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 regarding facts,
attitudes, or the professional, administrative, or
commercial performance of that person. It further
criminalizes the intentional publication of false
news. It also prohibits propaganda against the
national defense force and the armed forces. Article
322 covers the divulging of false statements or the
distortion of true facts that may disturb the actions
of the armed forces.
Burkina Faso legislates against disinformation
in its penal law (No. 025-2018/AN) by criminalizing,
in Articles 312–13, 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. Mozambique’s penal code (No.
35/2014) provides for an offense of disturbing
public order or attempting to do so. Articles 398(2)
(a) and (b) cover the instigation or provocation of
collective disobedience against the laws of public
order or essential public functions, or any attempt
to disturb public order or the peace by any means.
This is further qualified by adding that such an
offense may be compounded by publishing false
or biased news which may cause alarm or unrest,
or distributing or attempting to distribute written
material which leads to the same result.
On the misinformation front, Section 66
of Kenya’s penal code (Chapter 63 of 2009)
criminalizes the publication of false statements,
rumors, or reports which are likely to cause fear and
alarm amongst the public or to disturb the public
peace. Uganda’s penal code (the Penal Code Act
Cap. 120, 1950), which criminalized the publication
of false statements, rumors, or reports which were
likely to cause fear and alarm amongst the public
or to disturb the public peace, was declared null
and void by the Supreme Court in 2002 (Charles
Onyango & Anor v Attorney General – Supreme
Court Constitutional Appeal No. 2 of 2002).
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
However, since the beginning of the Covid-19
pandemic, Section 171 of the Penal Code has been
used to prosecute individuals for the dissemination
of false information. Section 171 prohibits an
individual from unlawfully or negligently doing
anything which that person knows or has reason to
believe is likely to spread the infection of any lifethreatening disease.
PUBLIC HEALTH/COVID-19 LAWS AND
REGULATIONS
For the better part of 2020 and into 2021, the
world has been confronted by a public health crisis
of unprecedented proportions in the form of the
Covid-19 pandemic. In their efforts to get the disease
under control, most authorities were confronted by
what the WHO (n.d.) termed an “infodemic”—the
availability of “too much information, including
false or misleading information, in digital and
physical environments during a disease outbreak.”
Because the stakes are high in such situations,
many countries have passed laws and regulations
that deal with the communication of information
surrounding the pandemic.
Of the forty-six countries studied, five have enacted
Covid-19 regulations, all of them in southern Africa:
South Africa, Zimbabwe, Lesotho, Eswatini, and Namibia.
South Africa has, through Section 11(5) of the Disaster
Management Act 57 of 2002, criminalized 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. In Namibia, according to Regulation
16 of the Covid-19 Regulations (published under
Proclamation No. 9 of March 28, 2020, as amended),
it is an offense to publish any false or misleading
statement about or in connection with Covid-19,
or any statement that is intended to deceive any
other person about the Covid-19 status of any
person or about measures to combat, prevent, and
suppress Covid-19. In Zimbabwe, Section 14 of the
Public Health (Covid-19 Prevention, Containment
and Treatment) (Amendment) Regulations 2020
(No. 1) criminalize the publication of false news
about any public official involved in enforcing or
implementing the national lockdown, or about any
private individual “that has the effect of prejudicing
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