South Africa’s Elections: A Call for Vigilance Amidst the Rising Tide of Disinformation

By Victor Kapiyo |

South Africa is holding its seventh general election today, May 29, 2024. Over 14,000 candidates are vying for seats as part of the 400 members of the National Assembly and at least 445 members of Provincial Legislatures in the nine provinces.

Ahead of the election, misinformation, disinformation and threats to privacy rights have been noted. These capitalise on the issues at stake in the election, such as poverty and economic inequality, unemployment, violent crime, corruption, service delivery failures, difficult race relations, and xenophobia to polarise and shape public opinion. There has been a proliferation of propaganda and doctored news stories, deployment of coordinated trolls, troops and bots of online influencers as part of smear campaigns, and weaponisation of disinformation campaigns for political purposes, which many warn could undermine the integrity of the elections.

A new Policy Brief by the Collaboration on International ICT Policy (CIPESA) reviews how different actors, including political parties, the Independent Electoral Commission (IEC), and social media platforms have leveraged technology to promote a peaceful and credible election. However, the brief also notes that as the internet, social media and technology adoption increase, attacks on information and election integrity could intensify if multi-actor action does not continue to be taken.

The election pits the ruling African National Congress (ANC) against its main rivals, the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF), even as newer parties such as uMkhonto weSizwe join the fray. The country of 60.7 million people has 27.6 million registered voters, of whom 44.7% are men and 55.2% are women.

South Africa has been renowned for its strong and independent judiciary, free press, vibrant democracy, and generally free and fair elections over the years. However, rankings in press freedom have declined due to increased attacks against journalists, especially by politicians, ahead of the elections.

As of 2024, the country had 45.3 million internet users, representing an internet penetration rate of 74%, and 118.6 million mobile connections, equivalent to a mobile penetration rate of 195%. Also, most people in the country are digitally literate, with the average internet user spending over nine hours a day online. Political parties have leveraged online platforms for political advertising and have since January 2024 spent ZAR 4.94 million (USD 269,961) on Google Ads, with the DA and Freedom Front Plus spending 79.8% of this amount. These developments mean that technology and the internet will play an important role in the election period.

Yet disinformation has taken centre-stage in the election. Some of the misleading information has targeted prominent personalities such as politicians and musicians, highlighted racial and xenophobic undertones or misled the public about the elections. For example, a ‘deepfake’ video published on TikTok and X in March 2024, depicted former United States (US) president Donald Trump endorsing the new uMkhonto weSizwe (MK) party. It was debunked by AFP, which found that the clip was an altered 2017 NBC interview with Trump.

On January 19, a viral video from Brazil of two men assaulting another man was disseminated on social media with the claim that the victim was a white farmer and his assailants were linked to the EFF. Another video that went viral on Facebook and WhatsApp in April made a false claim that Mozambican migrants were being issued with ID cards by state agents to vote in Gauteng province. Another post on May 25 on Facebook, claimed that voters must bring their black ballpoint pens to voting stations as they will only be given pencils to vote, and their marks would be erased upon voting. The IEC rejected this claim as untrue.

In addition, there have been attempts to impersonate key election officials on social media, and concerns around voters’’ privacy and data breaches. For example, in January, it was reported that the IEC Chairperson, Mosotho Moepya had been a victim of an imposter on WhatsApp. The imposter had on two separate incidents conversed with unsuspecting officials of political parties purporting to arrange to influence the election.

Ahead of the elections, various stakeholders and groups have been taking action to address the potential threats to election and information integrity. There are commendable efforts such as the adoption of the Principles and Guidelines for the Use of Digital and Social Media in Elections in Africa; the signing of the election code of conduct by political parties and candidates; and the use of digital platforms by the IEC to share information on election results, political party statistics, voter registration, voter information, voter education, and e-learning. South Africa’s Information Regulator also published a guidance note on how political parties and candidates could use the personal information of voters ahead of the elections.

There are also laudable efforts such as the Real411 portal to track misinformation and disinformation; enhanced efforts to act-check by Africa Check and AFP; and measures by platforms such as Google, Meta, and TikTok to promote election integrity, including working with fact-checkers, conducting content moderation and labelling, media information literacy, transparency on political advertising and directing users to reliable and trustworthy information.

From the foregoing, it is clear that the fault lines that have fragmented the unity of the Rainbow Nation are being manipulated in ways that threaten its democracy. Various stakeholders must continue to make concerted efforts to promote a healthy information ecosystem and to defend electoral integrity. Therefore, we make the following recommendations:

We call upon all stakeholders including civil society, the IEC, social media platforms, media, fact-checking organisations, political actors, election observers, and law enforcement to be vigilant before, during and after the elections.

We call upon stakeholders to collaborate in monitoring digital threats to election and information integrity and implement robust responses to combat them whilst protecting digital rights.

We call upon civil society and election observers to document the actions of and hold the government, IEC, social media platforms and other actors accountable for their responses.

We call upon the IEC, political parties, candidates and social media platforms to adhere to the Principles and Guidelines for the Use of Digital and Social Media in Elections in Africa.

Read the full Brief here.

The Impact of Artificial Intelligence on Data Protection and Privacy in Africa

By Edrine Wanyama |

Artificial Intelligence (AI) is playing a critical role in digitalisation in Africa and has the potential to fundamentally impact various aspects of society. However, countries on the continent lack specific laws on AI, with front-runners such as Egypt, Ghana, Kenya, Mauritius and Rwanda only having policies or strategic plans but no legislation.

Despite its potential, AI poses challenges for data protection, notably in sectors such as transportation, banking, health care, retail, and e-commerce, where mass data is collected.  Yet it is unclear how African governments are prepared to deal with AI-enabled data and privacy breaches.

Today, at least 36 African countries have enacted data protection and privacy laws that regulate the collection and processing of personal data. Similarly, the African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention) entered into force in June 2023.

The laws adopted by states and the Malabo Convention stipulate various data rights for individuals. They include the right to access personal information, the right to prevent the processing of personal data, and the right of individuals to be informed of the intended use of their personal data, including in cases of automated data processing where the decision significantly affects the data subject.

Others include the right to access personal data in the custody of data collectors, controllers and processors; the right to object to the processing of all or part of one’s personal data; the right to rectification, blocking, erasure and destruction of personal data; and the right to a remedy in case of data privacy breaches.

In a new brief, CIPESA notes that AI raises concerns of bias and discrimination when dealing with data, perpetrating abusive data practices, spreading misinformation and disinformation, enhancing real-time surveillance, and aggravating cyber-attacks such as phishing. The brief makes recommendations on striking a balance between innovation and privacy protection through reinforcing legal and regulatory frameworks, advocating for transparency and accountability, and cultivating education and awareness.

The right to information requires that data subjects are provided with information, including the justification for collecting data, identification of the data controller, and categories of data to be collected. According to the brief, AI may not ably facilitate this right since it may not adhere to some of the steps and precautions required to observe and guarantee the right to access personal information. Most access-related rights require skilled and competent staff. On the other hand, AI systems are usually programmed to handle specific kinds of data and their capacities are limited to built-in competencies of the tasks they can perform.

With AI systems, it may be difficult for individuals to object to processing of their personal data. As such, AI may not guarantee the accuracy of the data or lawfulness and purpose of data processing. These challenges arise since there is no assurance that technology has been prepared to comply with data rights and principles.

In relation to automated decision making, decisions by AI may be made against the data subject solely based on technologies with no human involvement. Thus, AI may interpret and audit data in an inaccurate or unfair manner. This can perpetrate discriminatory practices based on personal data relating to tribe, race, gender, religion, and political inclination.

The right to rectification relates to dealing with inaccurate, outdated, misleading, incomplete or erroneous data, and an individual may request the data controller to stop any further processing or to erase personal data. However, AI may not fully comprehend this right. Rectification and erasure require human intervention to rightly diagnose existing problematic data issues if the accuracy of data is to be guaranteed.

On the other hand, portability of data as a right requires that data from a controller should be in simple and machine-readable format. Such data transfers can be used by governments to inform development and promote healthy competition in sectors. However, AI presents privacy challenges to portability, such as indiscriminate data transfers that could aggravate the confidentiality risk. In other cases, AI systems may perpetuate transmission of the wrong data. Also, some AI systems can perpetuate data lock-in as they may be designed to make it impossible for data to be ported or for individuals to switch to other services.

Where there are data breaches by data controllers and processors, the right to effective remedy arises. However, AI may not have clear mechanisms for analysing cases of breaches and issuing appropriate remedies. The determination of a violation requires human intervention since AI is largely untrained on how rules of remedy are applied. Additionally, AI may not comprehend various languages and unique procedures as it is often not adapted to suit different contexts or conceptions of justice.

Ultimately, AI presents both opportunities and challenges for personal data protection. Accordingly, there has to be a balance between innovation and privacy protection to ensure transparency and accountability in data collection, management and processing, while maximising the benefits presented by AI. This can happen with coordinated efforts by governments, decision makers, developers, service providers, civil society organisations and academia in developing, adopting and applying policies and other measures that seek to enhance maximisation of the benefits of AI.

Read the full brief here.

NOW OPEN! FIFAfrica24 Call for Session Proposals and Travel Support Applications

Announcement |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) invites interested parties to submit session proposals to the 2024 edition of the Forum on Internet Freedom in Africa (FIFAfrica24). Successful submissions will help to shape the agenda of the event, which will gather hundreds of policymakers, regulators, human rights defenders, journalists, academics, private sector players, global information intermediaries, bloggers, and developers.

FIFAfrica24, which is set to take place in Dakar, Senegal on September 25-27, 2024, offers a platform for deliberation on gaps and opportunities for advancing privacy, free expression, inclusion, free flow of information, civic participation, and innovation online. This year marks the first time that the largest gathering on digital rights on the continent will be hosted in Francophone Africa. Previous editions have been hosted in Uganda, South Africa, Ghana, Ethiopia, Zambia and Tanzania.

As part of the registration, we invite session proposals including panel discussions, lightning talks, exhibitions, and skills workshops to shape the FIFAfrica24 agenda.

CIPESA is committed to ensuring diversity of voices, backgrounds and viewpoints in attendance and as organisers and speakers at panels at FIFAfrica. In line with this, there is limited funding to support travel for participation at FIFAfrica24. Preference will be given to applicants who can partially support their attendance and those who organise sessions.

Submissions close at 18.00 (East Africa Time) on June 17, 2024.

Successful session proposals and travel support applicants will be directly notified by July 1, 2024.

For questions, please email [email protected]  

Submit Your Session Proposal and Travel Support Application Here

Forum on Internet Freedom in Africa (FIFAfrica24) to be Hosted in Dakar, Senegal

Announcement |

The 11th edition of the annual Forum on Internet Freedom in Africa (FIFAfrica) will be hosted in Dakar, Senegal on September 25-27, 2024. This marks the first time that the largest gathering on digital rights on the continent will be hosted in Francophone Africa. Previous editions have been hosted in Uganda, South Africa, Ghana, Ethiopia, Zambia and Tanzania.

Senegal stands out as a leading light in defending democracy and offers lessons for not only Francophone Africa but the continent at large. Earlier this year, the country held a smooth election amidst a turbulent electoral journey, underscoring the cruciality of the state institutions and democratic culture which the West African country has nurtured over the years.

Hosting FIFAfrica in Senegal will help to shine the light on the situation of digital democracy in French-speaking countries in Africa, which is not regularly or adequately captured in research and public discourse. Now more than ever, Francophone African countries face pivotal choices in building a cyberspace that respects citizens’ rights and meets their needs.

Held annually since 2014, FIFAfrica sets the stage for concerted efforts to advance digital rights in Africa and to promote the multi-stakeholder model of Internet governance. It places internet freedom directly on the agendas of key stakeholders, including policymakers, journalists, activists, global platform operators, telecommunications companies, regulators, human rights defenders, academia, and law enforcement.

This year, FIFAfrica24 will inform the way ahead for digital democracy in Africa and the role that different stakeholders need to play to realise the Digital Transformation Strategy for Africa and Declaration 15 of the 2030 Agenda for Sustainable Development. The notable win for democracy and peaceful transition in Senegal, amidst a democratic regression across Africa, including growing digital authoritarianism, will provide key reflection points for FIFAfrica stakeholders.

In much of Francophone Africa, internet shutdowns; deployment of mass or targeted surveillance solutions; online censorship, such as the blocking of local and international media websites; instrumentalisation of cybersecurity and disinformation laws; barriers in accessing affordable internet; and a recurrent lack of data protection laws, are key concerns.

Senegal provides the starkest contrast in its commitment to a progressive legal, regulatory and institutional framework for the technology sector. The country is a pioneer in data governance, a hub for innovation and has made strides in developing an Artificial Intelligence strategy, as well as National Digital Addressing and advancing a comprehensive National Data Strategy.

As of September 2023, there were over 18 million internet subscribers in Senegal. In recognition of the growth in user numbers and the spread of harmful and illegal content online, the Senegalese Personal Data Protection Commission (CDP) has partnered with popular social media platforms to explore mechanisms to effectively regulate hate speech and disinformation online while upholding freedom of expression, access to information and privacy online.

Despite these advancements, like many African states, Senegal grapples with the intricacies of the digital society. In 2023, Senegal, which had in the past kept the internet accessible during pivotal moments, including elections, restricted access to the internet and banned TikTok amidst opposition unrest. In February 2024, the internet was again shut down following the postponement of presidential elections.

At a time of immense global debate on the evolution of technology in society including for elections, public administration, civic participation and business, hosting the FIFAfrica24 in Senegal will highlight francophone Africa’s experiences in digital transformation, the digital economy and digital democracy while promoting greater regional collaboration, dialogue and engagement between local stakeholders and the wider #InternetFreedomAfrica movement.

Timeline for FIFAfrica24

Call for proposals and applications for travel support                                   May 27, 2024

Deadline for call for proposals and application for travel support                June 17, 2024

Opening of registration                                                                                  May 31, 2024

Notification of successful proposals and travel support applications           July 1, 2024

If you would like to be a partner, contact us at [email protected]

Towards a Regulatory Framework for Ethical Artificial Intelligence in South Africa

By Tusi Fokane |

Last month, the South African government launched the much-anticipated draft National Artificial Intelligence (AI) Planning discussion document that will guide the development of a national AI strategy and regulatory framework. The draft discussion paper was unveiled by the Department of Communications and Digital Technologies (DCDT) during the National AI Summit.

Consultations on the draft discussion paper are intended to solicit inputs from various stakeholders before the plan is presented to Cabinet, and therefore released formally for public comment. The DCDT also anticipates a series of consultative provincial seminars before the finalisation of the plan.

Furthermore, the DCDT proposes the establishment of an AI Expert Advisory Council to assist in developing a national AI strategy that will inform the final plan. It is anticipated that the Artificial Intelligence Institute of South Africa (AIISA) will also be a key role-player in supporting the DCDT in developing and implementing the plan. 

Speaking at the launch on April 5, 2024, the Communications and Digital Technologies Minister stated that: “public policy making, and frameworks must adapt to address the governance imperatives of AI and emerging technologies to protect globally agreed human rights.” To this end, the draft discussion document outlines six key pillars for the deployment of ethical AI in the country: accountability, inclusivity, safety and reliability, fairness, transparency, and privacy and security.

South Africa’s AI Ethical Considerations  
There are future potential AI harms which will require the adoption of a set of human and ethical considerations that have been postulated but where it is less clear what the optimal form of regulation is, such as: Anti-competitive behavior should the provision of key AI models, or other enablers, be concentrated in a small number of players.Risks in robotic or autonomous devices that use AI to decide on actions, such as AI-enabled autonomous cars.Aggressive loss of employment leads to social risks.Criminal behavior or other highly dangerous outcomes.Existential risks should AI “get out of control” and pursue goals detrimental to humanity.   Source: National Artificial Intelligence (AI) Planning Discussion Document, pgs 38-39.

The discussion document also proposes further investment in human capital and skills development for an AI-ready workforce, and a social support fund to mitigate against potential workforce disruptions that may result from AI.

Concerns on the proposed regulatory framework

The discussion paper provides a high-level outline on the regulatory approach, noting that it should be ethical and human-rights centred in order to respond to economic and social challenges. It also hints at the potential for self-regulation, stating that the regulatory framework should be “built on principles, or ethics, and human rights protection that provide guidance for those working on AI and enable even some degree of self-regulation.”

Although not sufficiently detailed, it takes note of concerns related to disinformation and fake news, bias and discrimination, copyright abuse, and privacy and data protection issues. Presumably, the final plan will provide more clarity on the direction of ethical AI regulation that the country intends to adopt.

Some stakeholders have criticised the draft paper, arguing that it fails to adequately prepare the country’s transition to an AI-enabled future. They contend that the current draft is too vague and high-level to elicit any meaningful engagement. They have recommended that the DCDT revise the draft, with stakeholder input, and that the revised version should “outline clear strategies for South Africa, drawing lessons from international practices to both encourage AI development while addressing associated ethical and harm risks effectively.”

An additional concern may be the proposed timelines, as the discussion paper anticipates that the ethics and governance framework, as well as regulations on standards, competition, data, and intellectual property, will only be published in 2025. One commentator noted that “…this is a good start; we now need to pull this through and move with speed.”

In the absence of a national AI framework, media reports indicate that South Africa’s Information Regulator is undertaking research to assess the potential impact of AI in relation to privacy and data protection under the Protection of Personal Information Act, 2013 (POPIA). In the meantime, the Information Regulator has established an AI reference group within its office.

Efforts to address potential AI impact on elections

The regulatory lacuna has resulted in one Member of Parliament questioning the risks of AI-based disinformation and misinformation with respect to the May 29 national election. There have been increasing calls to guard against the proliferation of harmful generative AI through deep-fakes or other disinformation content.

In an effort to ensure the integrity of the electoral process, the Independent Electoral Commission (IEC) has partnered with tech firms to minimise disinformation ahead of the country’s upcoming elections. The partnership aims to proactively address complaints of disinformation through the Real411 platform, without compromising the confidentiality of user data.

In addition, the Information Regulator recently issued a Guidance Note on the Processing of Personal Information of Voters, and the Countering of Misinformation and Disinformation during Elections. The guidance note recognises the right to privacy, and protection of personal information in cases where a person’s “voice and/or image is used without their consent to spread fake messages, particularly in instances where generative artificial intelligence is used.”

Furthermore, the Information Regulator calls on the IEC to issue a code of conduct to address misinformation and disinformation in digital platforms in order to promote free and fair elections. The guidance note further calls on political parties to commit to combating misinformation and disinformation through a statement of commitments related to monitoring the use of AI technologies (including data harvesting, microtargeting, deep fakes, and AI-generated content) in their election campaigns.

Whilst AI undoubtedly presents some risk to the electoral process, there are other stakeholders who are optimistic about the potential for AI to decrease voter apathy particularly amongst the youth, and to contribute to increased voter education and awareness.  Although South Africa seems well-positioned to be a fore-runner in AI deployment, given its advanced tech sector, the delay in crafting a coherent strategic, legal and regulatory framework for the country could hamper its digital transformation ambitions. It is clear that South Africa urgently needs to develop both an AI strategy, as well as a regulatory framework in order to keep up with AI deployment in the country if it hopes to remain competitive.