Type of Legislation and Specific Law or Section Scope of Law Enforcement Côte d’Ivoire (West Africa) Misinformation: The Penal Code, 1981 Loi 2017-867 du Décembre 2017 portant régime juridique de la presse Cybercrime: Loi 2013-451 relative à la lutte contre la cybercriminalité Article 173 of the Penal Code broadly criminalizes the publication of false news. It covers the dissemination of false and fabricated information when it results (or could result) in civil disobedience, attacks the public morale, or discredits institutions or their functioning. Article 97 of Law No. 2017-867 broadly prohibits the publication or dissemination of false news through the press. It is unclear how to determine whether speech is false. Article 65 criminalizes the dissemination of false information which suggests that the destruction of property or an attack against persons has already occurred, or is likely to take place. Article 65 further covers false information regarding any other emergency situation. Violation of Article 173 of the Penal Code is punishable by one to three years’ imprisonment and a fine of 500,000 to 5 million CFA francs. Violation of Article 97 of Law No. 2017867 may result in a fine of between 1 million and 5 million CFA francs. Violation may result in a fine of between 1 million and 5 million CFA francs and imprisonment of between six months to two years. DRC (southern Africa) Disinformation: The Penal Code, 1995 Against falsehoods: The Press Freedom Law, 1996 Article 199(bis) prohibits an individual from knowingly spreading false rumors that are likely to alarm the public, worry them, or provoke them against the established powers. Article 199(ter) prohibits the same offense even when committed without the intention to alarm the public. Article 211 prohibits anyone from intentionally sharing false news with the intention of disturbing the public peace. Violation of Article 199(bis) may result in a fine of 100 to 500 zaires, and imprisonment of between two months and three years. Violation of Article 199(ter) may result in a fine of 20 to 100 zaires, and imprisonment of between one month and one year. Violation of Article 211 may result in a fine of 1,000 to 10,000 zaires, and imprisonment of between two months and three years. Articles 76 and 77 broadly criminalize expression through any medium that directly incites theft, murder, pillage, arson, or any offense against state security, including cases where the incitement has not been followed by action. Article 77 also covers direct incitement of discrimination, hatred, or violence against an individual or group due to their origin, ethnicity, nationality, race, ideology, or religion. Article 77 further criminalizes insults directed at the head of state or incitement of members of the armed forces with a view to diverting them from their duties. Due to their broad construction, each of these offenses could be interpreted to include disinformation. Violation of Article 76 or 77 is punishable by fifteen days in prison or a fine of 2 million new zaires or the equivalent of 20 Congolese franc. Eswatini (southern Africa) Legislation related to Covid-19: The Coronavirus (Covid-19) Regulations, 2020 Disinformation: Suppression of Terrorism Act, 2008 Regulation 29 criminalizes the spreading of any rumor or unauthenticated information regarding Covid-19, the publication of any statement about Covid-19 with the intention to deceive another person, and the spreading of any rumor or unauthentic information regarding any measure taken by the government to address Covid-19. It is not clear how to determine whether a statement is a “rumor” or “unauthenticated.” It is also unclear what falls within the scope of “any measure taken by the Government to address Covid-19.” A person or organization that violates Regulation 29 will be fined up to 20,000 emalangeni or be sentenced to imprisonment for a term not exceeding five years. Section 5(3)(b) makes it illegal to intentionally communicate information which is “a false alarm” or “causes a false alarm or unwarranted panic” for another person or an institution. Similarly, section 5(3)(e) criminalizes the intentional publication or communication of false information about the existence of any danger, dangerous thing, explosive, or harmful or hazardous substance. The penalty for violation of Section 5 is either a fine or imprisonment for a period not exceeding three years. I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH Sub -Saharan Africa – 1 79