Type of Legislation and
Specific Law or Section
Scope of Law
Enforcement
Mali (West Africa)
Disinformation:
Loi 00-046 du 7 juillet 2000
portant régime de la presse et
délit de presse
Article 37 criminalizes the dissemination of news that is false
or falsely attributed to third parties when it is done in bad faith
and disturbs the public peace. It also covers false information
that is likely to undermine the discipline or morale of the
armed forces.
Violation may result in imprisonment of
between eleven days to six months, or
a fine of 50,000 to 150,000 CFA francs,
or both.
Mauritius (southern Africa)
Against falsehoods:
The Criminal Code
(Supplementary Act) Cap. 196
The Information and
Communication Technologies
Act (ICT Act) 2001
Section 299 of the Criminal Code makes it an offense to
publish, diffuse, or reproduce false news or news which,
though true in substance, has been altered in one or more
parts or falsely attributed to some other person if it stands to
disturb public order or public peace.
Section 46(g) of the ICT Act makes it an offense to knowingly
send, transmit, or cause to be transmitted a false or fraudulent
message. Section 46(ga) makes it an offense to disseminate
any message which is obscene, indecent, abusive, threatening,
false or misleading or which is likely to cause or cause
annoyance, humiliation, inconvenience, distress or anxiety to
any person.
Violation of Section 299 of the
Criminal Code may be punished by
imprisonment for up to one year and
a fine not exceeding 10,000 Mauritian
rupees when committed verbally.
An individual may be punished by
imprisonment for up to one year and
a fine of between 20,000 and 50,000
rupees if the offense was committed by
any written means.
Section 47(1) of the ICT Act indicates
that a violation will result in a fine
not exceeding 1 million rupees and
imprisonment of up to ten years.
Section 47(2) further provides that the
court may order additional punishments
such as forfeiture of property and
cancellation or suspension of licenses.
Mozambique (southern Africa)
Disinformation:
The Penal Code (35/2014)
Articles 398(2)(a) and (b) of the Penal Code provide for an
offense of disturbing public order or attempting to do so. They
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 peace by any
means. This is 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 may lead to the same result.
Violation of Article 398 will result in
imprisonment for up to six months
and a corresponding fine. Article 399
provides for additional punishments
for accessories to the crime, which
include prohibition or suspension of
the exercise of certain functions, and
confiscation of property or dissolution
of business for legal entities.
Namibia (southern Africa)
Legislation related to
Covid-19:
Regulations published under
Proclamation No. 9 of March
28, 2020 (as amended)
Regulation 16 makes it 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 measures to
combat, prevent, and suppress Covid-19.
Violation of Regulation 16 may result in
a fine of 2,000 Namibian dollars and up
to six months in prison.
Niger (West Africa)
Cybercrime:
Cybercrime Law, 2019
Article 31 broadly criminalizes the dissemination of false news.
It covers false information which is likely to disturb public
order or infringe upon human dignity.
I N FO R M ATI O N D I SO R D ER IN THE GLOBA L SOUTH
Violation may result in a fine of
between 1 million and 5 million CFA
francs, and imprisonment of between
six months and three years.
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