Freedom House
South African civil society served as a bulwark against
another regulator’s more disproportionate efforts to
mitigate electoral misinformation. Proposed rules from the
Film and Publication Board, which were withdrawn after
civil society challenged their constitutionality, would have
required companies to restrict access to vaguely defined
“misinformation, disinformation, and fake news,” and imposed
criminal penalties—including prison terms of up to two
years—for people who spread allegedly prohibited content.
Ahead of European Parliament elections in June, the EU used
its unique market size and regulatory toolkit to compel social
media platforms and search engines to increase transparency
and mitigate electoral risks. The Digital Services Act (DSA),
which entered into full force in February 2024, requires
large platforms and search engines to provide detailed
transparency reports, risk assessments, and researcher access
to platform data, among other stipulations. In April 2024,
the European Commission produced election guidelines
that laid out the measures these companies should adopt
under the DSA, such as labeling political ads and AI-generated
content and ensuring that internal election-related
teams were adequately resourced. Invoking the DSA, the
commission opened formal proceedings against Meta and X
for a host of possible violations, including Meta’s suspected
noncompliance on limiting deceptive electoral advertising and
X’s deficiencies in mitigating election-related risks.
The EU’s nonobligatory Code of Practice on Disinformation
served as a separate mechanism to strengthen information
integrity. The code enlists signatories, including major
platforms and advertising companies, to preemptively debunk
and clearly label “digitally altered” content, set up transparency
centers, and demonetize false and misleading information.
These steps can help supply voters with the reliable
information they need to make informed electoral decisions
and fully participate in balloting. However, the voluntary nature
of the code makes its effectiveness unclear and hard to track.
With robust oversight and safeguards for free expression,
information sharing between democratic governments
and tech companies can improve users’ ability to access
authoritative and reliable information. Government agencies
may be privy to information about foreign actors, for example,
that could provide context to companies as they seek to
combat cyberattacks or coordinated inauthentic behavior.
Federal agencies in the United States rolled back cooperation
with platforms in a critical period leading up to the November
2024 elections, as they navigated legal challenges from state
@freedomhouse
Civil society’s involvement in South
Africa’s initiatives helped ensure that
decisions about online content were
proportionate, specific, and protective
of free expression.
officials in Louisiana and Missouri. The two states, joined by
private plaintiffs, had sued the federal government in 2022,
claiming that its interactions with tech companies during the
2020 election period and the COVID-19 pandemic amounted
to “censorship.” The Supreme Court dismissed the case in
June 2024, ruling that the plaintiffs did not prove harm and
noting that a lower court’s judgment in their favor had relied
on “clearly erroneous” facts. The high court did not issue
more detailed guidance on how agencies should communicate
with platforms in alignment with constitutional free speech
protections. As a result of the proceedings, the Federal Bureau
of Investigation disclosed plans to increase transparency and
set clearer guardrails around its engagement with platforms.
Support for fact-checking
and digital literacy
The coverage period featured several positive initiatives
aimed at facilitating voters’ access to authoritative
information, such as through fact-checking programs,
centralized hubs of resources, or digital literacy training.
Taiwan’s civil society has established a transparent,
decentralized, and collaborative approach to fact-checking
and disinformation research that stands as a global model.
Ahead of and during the country’s January 2024 elections,
these fact-checking programs helped build trust in online
information across the political spectrum and among diverse
constituencies. The Cofacts platform allowed people to
submit claims they encountered on social media or messaging
platforms for fact-checking by Cofacts contributors, who
include both professional fact-checkers and nonprofessional
community members. During the election period, Cofacts
found that false narratives about Taiwan’s foreign relations,
particularly with the United States, were dominant on
the messaging platform Line. Other local civil society
organizations, such as IORG and Fake News Cleaner, also
cultivated resistance to disinformation campaigns by
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