- Online attacks against the electoral process and the IEC continue unabated.
- Disinformation experts say this is especially egregious given that the people spreading these false stories should know better.
- Some people who spread false information may face prosecution under the Electoral Act and the Electoral Code of Conduct.
Jacob Zuma's MK party has stepped up its online disinformation campaign targeting the electoral process.
Since the weekend, several Twitter posts and TikTok videos have been shared accusing the South African Electoral Commission (IEC) of “voter fraud” and specifically targeting the ANC.
“This type of disinformation targets our electoral process and undermines confidence in this election and all future elections.”
“The danger is two-fold: Not only will it discourage voter participation; [since elections are rigged, why vote?]”But it will only fuel distrust and dissatisfaction with the results,” said Jean Le Roux, an independent researcher into disinformation.
“In this case, the ultimate aim is to undermine confidence in the IEC and, by extension, in elections themselves. This confusion benefits political parties that have no legitimate hope of contesting elections through the vote.”
Speaking at a press conference on Tuesday, electoral commission chair Si Mamabolo said the IEC was concerned that a coordinated campaign was already underway to disrupt the elections, Netwerk24 reported.
“The video you saw over the weekend was no coincidence. It was clearly designed even before the election took place to make the case that this election would not be free and fair.”
He said the IEC was determined to safeguard the integrity of the elections.
One particularly problematic tweet, in which Duduzile Zuma accused the ANC of stealing votes in KwaZulu-Natal, has been viewed more than 600,000 times and retweeted more than 1,500 times.
A TikTok with the same content by Visvin Reddy, who is already in trouble with the IEC for his earlier comments, was widely shared and edited before he deleted it.
Compare that to the 27.5 million registered voters in this election, and these posts may not seem particularly impactful. So should we be worried about whether these posts will have a tangible, real-world impact?
Leroux said it is very difficult to draw causal links between online activity and real-world events.
“But all social media platforms are built with the goal of changing our behavior. They sell our attention to advertisers so that we buy their products, they sell it to politicians so that we vote for them, and they sell it to conspiracy theorists so that we believe them.”
“Algorithms determine what you see in the outside world, which in turn shapes your worldview. In this sense, what happens online never stays online, as we saw with the unrest of July 2021.”
The mayhem wreaked by Zuma's supporters, particularly in KwaZulu-Natal, after he was jailed for contempt of court, is a prime example of how existing corrupt political forces can exploit discontent over socio-economic issues.
Billions of rands were lost, businesses burned and, most importantly, over 300 people lost their lives.
“Now some political parties are sowing the same seeds to undermine confidence in the elections with context-free videos and unfounded allegations of vote rigging against the IEC,” Le Roux said.
He added that this is especially egregious given that the people spreading these false narratives should know better.
“They have been involved in the electoral process before and are aware of the numerous checks and balances that the IEC has put in place to safeguard the integrity of our elections. Willfully ignoring these is irresponsible and dangerous.”
Watch the live election disinformation expose here
Ordinary voters can play a key role in countering these attacks on our electoral process.
“We urge anyone who sees the credibility of the IEC being attacked without credible evidence to report it to real411, the official elections complaints platform,” said William Bird, director of Media Monitoring Africa.
If they do so, complaints will be collected and shared with the IEC.
Click here to report misinformation to real411
“Also, if a complaint constitutes misinformation or disinformation, it can be submitted to the platform for action and removal. The IEC can also investigate or refer the case to the Electoral Tribunal.”
Possible legal implications
Under the Electoral Act and the Electoral Code of Conduct, Reddy, Duduzile Zuma and the MK Party could face prosecution.
Specifically, this relates to Article 89(2), which states that “No person shall publish false information with the intent to: [a] disrupting or obstructing elections; [b] Inciting hatred or fear in order to influence the conduct or outcome of an election; or [c] Influencing the conduct or outcome of an election.”
Under section 93(2), no person may obstruct or impede the IEC or any of its officials in the exercise of their powers or the performance of their functions.
MK members did this in Hammarsdale, unlawfully disrupting operations at one of the IEC warehouses in Durban west.
The MK Party has been involved in these incidents, which also violate the Code of Conduct that all political parties must abide by, specifically Article 7.
The clause states that all political parties and candidates must “recognize the authority of the Commission in the conduct of elections and assure voters of the Commission's impartiality” and take steps to ensure the safety of IEC members, employees and officers.
This includes ensuring that IEC officers are not subjected to insult or injury.
Under Article 9 of the Code, registered political parties or candidates cannot use language or take any action that is likely to incite violence during elections or publish false or defamatory allegations in relation to elections.
These are just some of the laws that the MK Party may have violated in its disinformation campaign.
The penalties that can be imposed are wide-ranging and the court will need to assess the seriousness and gravity of the conduct before deciding what sanctions to impose on the party and its members.
Penalties that exist include up to 10 years in prison and fines.
Political parties can be fined up to R200,000, have to give up party election funds, be banned from operating in certain areas, have voting cancelled in certain areas and have their party registration cancelled.
News24 understands the matter is still under investigation.
In its report on Monday, the IEC stated its intention to take legal action against the MK Party.
News24 contacted the IEC on Tuesday to ask what charges it intends to bring against them and a comment will be added when received.
