Analyst warns South African IEC disinformation code is unworkable ahead of November elections

Civil society movements also claim the code needs to be remedied before the November local government elections. Atkins argues that the draft code cannot achieve its objectives without amendments to the Municipal Electoral Act. The IEC extended its deadline for public input on the draft code, which aims to counter the deliberate spread of falsehoods during elections by requiring political parties and candidates to prevent manipulation of the public, including through digital technologies and inauthentic online behavior.

Atkins highlights that any contravention of the code is considered a criminal offense, which can only be ruled on by a court. He suggests this process is too unwieldy for effectively combating disinformation, especially since the Municipal Electoral Act lacks a provision similar to section 103A of the Electoral Act, which allows the IEC to mediate disputes. Atkins believes the code will either lead to an overwhelming number of criminal complaints or result in almost nothing being resolved, thereby undermining the credibility of the electoral process.

He emphasizes that while the code addresses a crucial problem in the digital age, the existing legal framework is not equipped to handle the volume and pace of online content. He concludes that the iss