South Africa IEC: New Disinformation Election Rules Mandate AI Labeling

• South Africa's Independent Electoral Commission (IEC) has implemented a new disinformation code for political parties and candidates ahead of the November 4 local government election.
• The code mandates that false or misleading campaign material must be corrected within 36 hours of identification.
• New rules specifically target fake accounts, automated bots, and manipulated content, requiring clear labeling for AI-generated material.
• IEC Vice Chair Janet Love highlighted the rapid spread of digital misinformation and the rise of AI manipulation as key drivers for the new regulations.
• A partnership of approximately 30 experts from academia and various organizations will assist the IEC in forensically investigating reported digital harms.

The Independent Electoral Commission's new disinformation code mandates that false or misleading campaign material must be rectified within 36 hours of its identification.

The Independent Electoral Commission (IEC) in South Africa has introduced stringent new regulations governing disinformation for political parties and candidates participating in the upcoming local government election on November 4. These updated guidelines, forming a new disinformation code, mandate that any campaign material found to be false or misleading must be corrected within 36 hours of its identification. The comprehensive rules are designed to combat various forms of digital manipulation, specifically targeting fake accounts, automated bots, and content that has been artificially altered.

A significant aspect of the new framework addresses the proliferation of artificial intelligence (AI) in content creation. Under the IEC's directives, any material generated using AI technologies must be clearly and unambiguously labelled to inform the public of its origin. This move comes as the nation prepares for its local government elections, proclaimed by President Ramaphosa for November 4, an election where digital engagement is notably high, though the specific figure of 2.9 million individuals registered for digital voting is a historical statistic and not current for the 2026 local government elections.

The IEC's decision to implement these tougher rules stems from a growing concern over the pervasive influence of digital and social media platforms on public understanding and opinion. According to Janet Love, Vice Chair of the Electoral Commission, digital media has played a central role in shaping views and enabling communication, both positively and negatively, since approximately 2016. A primary driver for the new code is the inherent speed at which information, particularly misinformation, can disseminate across digital channels.

Love emphasized that the rapid spread of content necessitates an equally swift response mechanism. Furthermore, the advent of advanced artificial intelligence and generative AI technologies has introduced an additional layer of complexity and concern, as these tools significantly enhance the potential for content manipulation. The 36-hour deadline, while seemingly generous given the instantaneous nature of digital spread, is not intended to encourage delay. Instead, it provides a crucial window for political parties to conduct necessary due diligence. This period allows senior party members to investigate the origin and intent of disputed content, determining whether it constitutes deliberate disinformation or purposeful harm, before formulating an appropriate and measured response.

Policing the veracity of political claims presents a significant challenge, and the IEC acknowledges the inherent difficulty in distinguishing legitimate debate from deliberate disinformation. The commission recognizes that digital communications often involve complex underlying technology that requires expert analysis to unpack. Ascertaining whether content has been manipulated or originates from generative devices like bots is not always straightforward.

To address these complexities, the IEC hopes that instances of digital harms, including disinformation and misinformation, will be reported online. This online reporting mechanism is crucial as it facilitates the involvement of a specialized partnership grouping. This group comprises approximately 30 experts drawn from various organizations and academia, equipped with the necessary expertise to conduct forensic investigations into disputed content. Once this background information is gathered, the Commission itself will then apply its judgment to determine the subsequent steps, which include engaging directly with any political contestant implicated in the dissemination of the material.

The introduction of the Independent Electoral Commission's disinformation code marks a pivotal moment for South Africa's electoral landscape, underscoring the critical need to safeguard the integrity of democratic processes in the digital age. These rules are designed to foster a more truthful campaign environment by holding political parties and candidates accountable for the information they disseminate. The emphasis on rapid correction and transparent labeling of AI-generated content reflects a proactive stance against evolving digital threats to electoral fairness.

While the commission acknowledges the inherent difficulty in policing political truth without unduly restricting legitimate debate, the framework aims to strike a balance. By establishing clear guidelines and a structured adjudication process involving expert analysis, the IEC seeks to mitigate the negative impacts of misinformation and disinformation. Ultimately, these measures are intended to ensure that voters can make informed decisions based on accurate information, thereby strengthening the democratic foundation of the upcoming local government elections in South Africa.

Lawyers advising political parties or candidates in South Africa must understand and ensure compliance with the IEC's new disinformation code, particularly the 36-hour correction deadline and requirements for labelling AI-generated content, to mitigate legal and reputational risks during election campaigns.

Source: Reporting based on an interview with the IEC Vice Chair.