South Africa’s New Rules Against Election Fake News
The Electoral Commission of South Africa (IEC) has drafted a code that will punish political parties and candidates who knowingly spread false information during election campaigns. The aim is to keep the 2026 Local Government Elections fair and trustworthy.
Why the IEC Is Acting Now
With the rise of deepfakes, AI‑generated videos, and coordinated online tricks, misleading content can spread faster than ever. The IEC wants to protect voters from being manipulated while still respecting free speech and open debate.
What Counts as Disinformation?
Under the draft code, disinformation is any false statement that:
- is shared knowing it is untrue, or
- is shared without reasonable grounds to believe it is true, and
- is intended to disrupt the election, create fear or hostility, or influence the outcome.
Intent Matters
If a party or candidate spreads a rumor just to confuse voters, that falls under the ban, even if the content later turns out to be true by coincidence.
Rules for Parties and Candidates
Check Before You Share
Political groups must verify that any information they publish—or that is published on their behalf—is accurate and reliable before it goes out.
Quick Corrections Required
If false information is discovered, the party or candidate must:
- issue a public retraction or correction,
- do so within 24 hours of becoming aware of the mistake, and
- keep a record of the original post for possible investigation.
Tackling AI‑Generated Tricks
Labelling Synthetic Content
Any audio, image, or video created with AI that could mislead viewers must be clearly marked as synthetic before it is shared.
Bots and Fake Accounts Banned
The code prohibits the use of:
- fake accounts,
- automated bots,
- stolen data, and
- targeted falsehoods designed to sway voter opinions.
How the Public Can Help
Parties and candidates must monitor their own online spaces for disinformation and report any suspect content to the IEC’s Online Complaints Mechanism within 72 hours. They are also encouraged to teach members, supporters, and office‑bearers about the code so everyone knows what is allowed.
What Happens If the Rules Are Broken?
Violating the finalised code will be treated as a breach of the Local Government: Municipal Electoral Act and other relevant laws. Penalties could include fines, mandatory public apologies, or other sanctions decided by the IEC.
Conclusion
The IEC’s draft Electoral Code of Conduct on Countering Disinformation tries to balance the need for honest election communication with the constitutional right to free expression. By setting clear standards for truthfulness, quick corrections, and responsible use of new technologies, South Africa hopes to build a more reliable information environment ahead of the 2026 Local Government Elections. Public feedback is open until 21 July 2026, giving everyone a chance to shape the final rules before they take effect.
