South Africa’s IEC Drafts New Rules for AI‑Generated Election Content
The Electoral Commission of South Africa (IEC) released a draft code of conduct on June 30 2024 that seeks to tighten oversight of digital campaigning ahead of the local elections scheduled for 4 November 2024. The proposal responds to a surge in synthetic media—deepfakes, AI‑generated audio, video and images—and coordinated online disinformation that has challenged election integrity worldwide.
Why the New Regulations Are Needed
South Africa’s upcoming municipal polls are expected to be the most competitive since the end of apartheid. The IEC forecasts more than 100 000 candidates contesting roughly 4 400 wards, surpassing the ≈ 95 000 candidates who ran in the 2021 local elections. With a larger field and heightened political activity, the risk of misleading content spreading rapidly on social platforms has grown.
Existing legislation—the Local Government Municipal Electoral Act—already bars the intentional publication of false election‑related information intended to disturb or influence results. However, the law does not specifically address the unique challenges posed by AI‑generated material or the speed at which synthetic content can be disseminated.
Key Provisions of the Draft Code
The draft introduces several concrete obligations for political parties, candidates and their supporters:
- Labeling AI‑generated content: Any synthetic media—including AI‑created images, audio, video or text—must be clearly marked before distribution to avoid misleading voters.
- Verification and correction: Parties must verify information before publishing it and publicly retract or correct any false or misleading statements they have disseminated.
- Platform monitoring: Organizations are expected to monitor content on platforms they control and swiftly remove or amend disinformation that appears.
- Reporting suspected disinformation: When a party becomes aware of potential online falsehoods, it must notify the IEC’s online complaints mechanism within 72 hours.
- Transparent political advertising: All online political ads must be clearly identified as originating from a specific party or candidate.
- Digital security: Parties are required to strengthen safeguards for personal and confidential data held on their digital systems.
The code also discourages the use of deepfakes, fake social‑media accounts, automated bots, fraudulent manipulation of political discourse, and the deployment of stolen or fabricated material in election campaigns.
Implications for Political Parties and Voters
For political actors, the draft means allocating resources to fact‑checking workflows, investing in labeling tools for AI‑generated assets, and establishing internal compliance teams capable of meeting the 72‑hour reporting window. Failure to adhere could result in sanctions from the IEC, ranging from public censure to fines, depending on the severity of the breach.
Voters stand to benefit from greater transparency. Clear labeling of synthetic content helps the electorate discern between authentic campaign messages and artificially produced material, reducing the likelihood of being misled by convincingly realistic deepfakes. Moreover, the requirement for prompt corrections encourages a culture of accountability, where parties must own the information they put forward.
Expert Perspectives
According to the IEC’s statement accompanying the draft, “The electoral code of conduct to combat disinformation aims to establish clear principles and standards that promote responsible behavior by all electoral participants and stakeholders… It promotes ethical communication, transparency and accountability while strengthening constitutional rights to freedom of expression, political participation and access to information.”
Dr. Lindiwe Mabuza, a senior lecturer in media law at the University of Witwatersrand, notes that “South Africa’s move to explicitly regulate AI‑generated election content aligns with global trends seen in the EU’s Digital Services Act and Canada’s Online Harms proposal. The success of such measures will hinge on effective enforcement and the willingness of platforms to cooperate with electoral authorities.”
International election monitoring groups, including the International Foundation for Electoral Systems (IFES), have welcomed the IEC’s proactive stance, highlighting that early regulation of synthetic media can mitigate the risk of a “post‑truth” electoral environment where voters struggle to distinguish fact from fabrication.
Looking Ahead
The draft code is open for public comment until mid‑July 2024. Stakeholders—including civil society organizations, tech companies, and academic experts—are invited to submit feedback before the IEC finalizes the regulations. If adopted, the rules will be enforceable for the November 4 local elections and could serve as a template for future national polls.
As South Africa navigates a rapidly evolving digital landscape, the IEC’s initiative underscores a growing recognition that protecting electoral integrity requires not only traditional legal safeguards but also forward‑looking rules that address the capabilities and risks of artificial intelligence.
