Type of Legislation and Specific Law or Section Scope of Law Enforcement Ethiopia (East Africa) Disinformation: Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/2020 Article 5 broadly criminalizes the dissemination of disinformation and Article 2 provides a vague definition of disinformation. It is defined as speech that is false, is disseminated by a person who knew or should reasonably have known the falsity of the information, and is highly likely to cause a public disturbance, riot, violence or conflict. Article 7 provides that disseminating disinformation via broadcasting, print, or social media will result in imprisonment for up to one year or a fine of up to 50,000 birr. Disinformation disseminated via social media by an individual with more than 5,000 followers or through a broadcast service or print media will result in imprisonment for up to three years or a fine of up to 100,000 birr. Disinformation leading to violence or public disturbance will result in imprisonment for up to five years. Gambia (West Africa) Disinformation: The Criminal Code Act 25 of 1993 Sections 59 and 181A broadly prohibit the publication of false news. Section 59 prohibits the publication of any statement, rumor, or report “which is likely to cause fear and alarm to the public or disturb the public peace, knowing or having reason to believe that such statement, rumour or report is false.” Section 181A prohibits the willful, negligent, or reckless publication or broadcast of any information or news which is false. Violation of Section 59 is a criminal offense and the individual may be liable to imprisonment for two years, or a fine, or both. Violation of Section 181A will result in a fine of between 50,000 and 250,000 dalasi, or imprisonment for a term of not less than one year, or both. Ghana (West Africa) Disinformation: The Criminal Code Act 29 of 1960 Electronic Communications Act 775 of 2008 Section 208 of the Criminal Code criminalizes “the publication or reproduction of any statement, rumor, or report which is likely to cause fear and alarm to the public, or to disturb the public peace when knowing or having reason to believe that the statement is false.” Section 76 of the Electronic Communications Act prohibits an individual from using an electronic communications service to knowingly send false or misleading communications which are “likely to prejudice the efficiency of life-saving service or to endanger the safety of any person, ship, aircraft, vessel or vehicle.” Violation of Section 208 of the Criminal Code is a misdemeanor, but the Criminal Code does not provide for a specific penalty. Section 296 does, however, indicate that under these circumstances the penalty will be imprisonment for a term not exceeding three years. Violation of Section 76 of the Electronic Communications Act may result in a fine of not more than 36,000 cedis or a term of imprisonment of not more than five years, or both. Kenya (East Africa) Misinformation: The Penal Code (Chapter 63 of 2009) Cybercrime: Computer Misuse and Cybercrimes Act 5 of 2018 Section 66 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. The Code does not specify a punishment. Section 36, which relates to general punishment for misdemeanours, states that where no punishment is directly prescribed by the Code, anyone found guilty of a misdemeanour shall be punished by imprisonment for a term not exceeding two years or with a fine, or with both. Section 22 criminalizes “false publications” and Section 23 criminalizes the “publication of false information.” Section 22 prohibits individuals from intentionally publishing false, misleading, or fictitious data or misinforming with the intention that the data be considered or acted upon as authentic. Section 23 prohibits individuals from knowingly publishing false information (in print, through a broadcast, in the form of data, or using a computer system) which “is calculated or results in panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of a person.” Violation of Section 22 will result in a fine not exceeding 5 million shillings or to imprisonment for a term not exceeding two years, or both. Violation of Section 23 will result in a fine not exceeding 5 million shillings or to imprisonment for a term not exceeding ten years, or both. I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH Sub -Saharan Africa – 1 80