Disinformation is false, inaccurate or misleading information designed, presented and promoted online to intentionally cause public harm.
How do I know if content is harmful?
Disinformation is biased information that deliberately misleads by manipulated facts or narrative. What appears to be truth can sometimes be propaganda being peddled to sway public opinion with the intent to cause harm.
Disinformation can cause public harm where it is published with the intention to interfere with or infringe the public's right to make informed decisions about matters of public importance or matters of public interest. This in turn affects the public's right to participate fully and effectively in society.
Disinformation is often a false story planted online with the appearance of editorial independence. The story diffuses throughout digital media and social media platforms with ideological agendas or sloppy editorial policies. The disinformation becomes embedded in public discourse, reappearing despite expert efforts to discredit it.
Facts mingled with half-truths and untruths erodes trust and harms our democracy by obstructing the ability of citizens to make informed decisions. It can create or deepen tensions in society with fabricated stories posing as serious journalism with the consequence of potentially influencing public opinion.
In order for the DCC to determine a complaint to be harmful false information – or misinformation or disinformation – the following elements must be met:
- The information is false, inaccurate or misleading;
- The information could reasonably be argued to cause public harm; and
- There are no overarching public interest considerations in favour of the continued publication of the information, such as considerations of satire or parody.
What can be done?
Possible recourse regarding a complaint of harmful false information may include one or more of the following:
- Approach the online platforms for assistance to take down content;
- Approach a fact-checking organisation for verification; and/or
- Publish counter-narratives in response to the harmful false information.
Hate speech
Disinformation is a global challenge. Democracies are wary of limiting free speech but free speech should also not incite violence. Hate speech suggests messages with malicious intent to harm or dehumanise and may lead to incitement of violence.
How does the DCC determine hate speech from free speech?
- In order for the DCC to determine a complaint to be hate speech, as contemplated in terms of section 16(2) of the Constitution, the following elements must be met:
- There has been advocacy of hatred against another person;
- It is based on one or more prohibited grounds, including race, ethnicity, gender or religion;
- It constitutes incitement to cause harm; and
- It does not constitute bona fide engagement in artistic creativity, academic and scientific inquiry, fair and accurate reporting in the public interest or publication of any information, advertisement or notice in accordance with section 16 of the Constitution.
- Possible recourse regarding a complaint of hate speech may include one or more of the following:
- Approach the Equality Court for relief;
- Approach the SAHRC for assistance;
- Approach the online platforms for assistance; and/or
- Publish counter-narratives in response to the hate speech.
What can be done?
Incitement of imminent violence
Incitement is the encouragement of others to commit a crime, in this case violent actions, which may cause harm, damage or even death.
What constitutes as content that incites to violence?
Incitement online is the encouragement of others through digital media and social media platforms to commit a crime, in this case violent actions, which may cause harm, damage or even death.
In order for the DCC to determine a complaint whether it be an incitement of imminent violence, as contemplated in terms of the Riotous Assemblies Act, the following elements must be met:
- There has been conduct, speech or publication of words;
- It might reasonably be expected that the natural and probable consequences of this act, conduct, speech or publication would, under the circumstances, be the commission of public violence; and
- The public violence would be committed by members of the public generally or by persons in whose presence the act or conduct took place or to whom the speech or publication was addressed.
Incitement to commit serious offences
A person who incites, instigates, commands, or procures another person to commit a serious offence can be guilty of an offence and may face the same punishment as the person who actually committed the offence.
The Constitutional Court recently grappled with the constitutionality of incitement to commit “any offence”. The majority of the Court found that the broad scope of “any offence” in the Riotous Assemblies Act creates an unjustifiable limitation on the right to freedom of expression. The Court gave Parliament 2 years to address this issue. As an interim measure, the Riotous Assemblies Act will refer to “serious offences”.
In order for the DCC to determine if a complaint is incitement to commit an offence, the DCC must determine if the offence was serious. The Constitutional Court gave some guidance in this regard, noting that “murder, rape, armed robbery, fraud, human trafficking and corruption are examples of offences that self-evidently fall within the realm or meaning of serious offences.”
What can be done?
Harassment
The internet, initially envisaged as a safe and accessible place with significant potential for empowerment, has in many instances become yet another space in which, harassment, abuse, misogyny, sexism, racism, homophobia, xenophobia and transphobia are amplified. There are growing factions that use online spaces to harass, humiliate, and demean others.
The DCC determines harassment complaints in line with the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA) which defines harassment as unwanted conduct which is persistent or serious and demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences and which is related to:
- Sex, gender or sexual orientation; or
- A person’s membership or presumed membership of a group identified by one or more of the prohibited grounds or a characteristic associated with such group.
Prohibited grounds include race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.
In order for the DCC to determine a complaint to be harassment, as contemplated in terms of PEPUDA, the following elements must be met:
- There has been unwanted conduct;
- It is persistent or serious;
- It demeans, humiliates or creates a hostile or intimidating environment or is calculated to induce submission by actual or threatened adverse consequences; and
- It is related to sex, gender, sexual orientation or a person’s membership, or presumed membership, of a group identified by one or more of the prohibited grounds, or a characteristic associated with such group.
What can be done?