the State’s enforcement of the national lockdown.”
Any such publication should be considered “a false
statement prejudicial to the State” for the purposes
of Section 31 of the Criminal Law (Codification and
Reform) Act.
COMMUNICATIONS AND
E-COMMUNICATIONS ACTS/POLICIES
Communications legislation or policies are commonly found in southern Africa, in Lesotho, Madagascar, Mauritius, and Tanzania. These laws tend to
share a common goal, which is maintaining peace
and criminalizing the undermining of state-led initiatives. In total, seven countries have communications laws or policies addressing mis- and disinformation and falsehoods. Generally,
Communications legislation
tends to share a common goal,
which is upholding peace and
criminalizing the undermining
of state-led initiatives.
communications legislation vaguely
addresses the spreading of false
messages (the exchange of information), without any specification or
distinction between the media type
or the service provider distributing
the message. In Lesotho, for instance,
Section 44(1)(e) of the Communications Act, 2012,
refers to a message circulating via a communications service.
Press legislation and media legislation are
also categorized under “communications,” as
the two are closely related and often reflect the
same principles. In Tanzania, Section 50(1)(a)
of the Media Services Act 12 of 2016 makes it an
offense for actors rendering media services to
intentionally or recklessly publish or circulate
false information. In addition, Section 50(2)(c)
criminalizes the dissemination of false information
without reasonable justification. Section 118(a) of
the Electronic and Postal Communications Act,
2010, distinguishes between the use of “network
or content services” to spread false information,
and Section 10 of Regulation 16 of the Electronic
and Postal Communications (Online Content)
Regulations of 2020 has a clause specifically
prohibiting the publication of content that is false,
untrue, misleading, or which is likely to mislead
or deceive the public unless it is stated that such
content is satirical or preceded by a statement
that it is not factual. In Uganda, according to
the Uganda Communications Act, 2013, news
broadcasts should be “free from distortion of facts.”
Article 21 of Burundi’s Press Law, 2018, is similar
to media legislation in that it requires the media
to “convey information honestly and faithfully” in
accordance with constitutional principles and legal
and professional ethics. Article 62 requires media
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
houses to refrain from publishing content that is
contrary to morality, but morality is not defined. In
addition to institutions, Article 54 of the Press Law
specifically addresses journalists, requiring them to
“demonstrate moral integrity and to be guided by
facts” and “not to distort the texts and documents
used to present the facts or comment on them,”
and to “correct in a timely manner any published
information which proves to be false or inaccurate.”
In the DRC, Articles 76 and 77 of the Press Freedom
Law broadly criminalize disinformation through any
communications medium which incites specified
acts such as theft, murder, pillage, or arson, or
which threatens state security; these articles can
even be applied to instances where the defined
actions do not take place.
The legislation may be aimed at strengthening
journalistic practices by holding media service
providers to account for spreading false
information; however, vague definitions, such as of
“false information” which threatens public peace or
incites civil unrest, can potentially threaten media
freedom. Furthermore, the legislation is unclear as
to whether individuals working for these institutions
or entities will be tried for these offenses. With the
exception of Nigeria and Chad—the former has no
communications legislation, and the latter’s Law
No. 014/PR/2014 on e-Communications prohibits
the intentional transmission of false information
using distress signals or calls on radio—it can
be inferred that e-communications legislation
is viewed as an extra measure to combat and
account for information disorder online. Previously,
communications legislation mostly made reference
to offline media.
CYBERCRIME LEGISLATION
Cybercrime can be defined as criminal activities that
are carried out by using a computer or the internet.
In some jurisdictions, cybercrime is regulated under
normal criminal law, but in others, cybercrime
is regulated by standalone laws that specifically
relate to cyber activity. This study revealed that a
total of ten countries make use of cybercrime laws
to counter information disorder; however, in some
instances, cybercrime laws are used in addition to
already existing laws and serve as addenda rather
than as the main legislation against information
disorder. Of the ten countries, only Cameroon
and Nigeria refer to mis- and disinformation in
their cybercrime legislation. The remaining eight
generally regulate cybercrime as a whole and
emphasize the use of electronic media.
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