Introduction
Module 8: ‘False News’, Misinformation and Propaganda
The phenomenon of dis- and misinformation has increased exponentially in recent times with the advent of the internet and social media platforms. While manipulating and distorting information has been squarely part of the historical record for many years, the weaponisation of information in the 21st century is occurring on an unprecedented scale and requires urgent and effective responses.(1) In July 2021, the Special Rapporteur on the promotion of the right to freedom of opinion and expression published a report on disinformation and freedom of opinion and expression. This Report defines disinformation in this digital age as a “pathway for false or manipulated information to be created, disseminated, and amplified by various actors for political, ideological or commercial motives at a scale, speed and reach never known before”.(2)
This module focuses on disinformation, misinformation, and propaganda and provides guidance on media and information literacy (MIL) strategies and campaigns which may assist with mitigating misinformation while ensuring that the right to freedom of expression is not violated.(3)
‘Fake news’ – a common but unhelpful term
South African civil society organisation Media Monitoring Africa explains that—
“while a common term, “fake news” is not commonly understood and is often misused to sow division and mistrust. In recent years the term has been misappropriated by powerful actors who weaponize the term “fake news” to confuse, polarise, mislead, and create distrust of genuine news. Politicians, for example, have been known to call information “fake news” when the information does not align with their views. Its imprecise nature also means that it encompasses a spectrum of information types, ranging from relatively low-risk forms – such as honest mistakes made by reporters, political discourse, and the use of clickbait headlines – to high-risk forms – malicious fabrications or content that such as content that undermines political processes.”(4)
For these reasons, this module uses misinformation and disinformation rather than fake or false news.
Increasingly, strategies to combat mis- and disinformation should be more social and educational in their character in order to ensure that the right to freedom of expression is not violated by overly-broad legislative provisions which criminalise or chill expression. Combatting misinformation should fall more within the realm of advocacy and education than that of litigation. The limited litigation in this space bears testament to this. However, this is likely to change as digital rights litigators engage in more strategic and test case litigation seeking to mitigate misinformation while protecting and promoting freedom of expression.