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Violation of rights through disinformation campaigns is a grave threat to democracy

As the world marks the International Day of Democracy, it’s a stark reminder that while we may be voting, the real power play is in the shadows, where disinformation dances with authoritarianism, threatening to turn our democratic ideals into little more than a theatrical farce.
Violation of rights through disinformation campaigns is a grave threat to democracy The backsliding of democracy in some countries in the Global North and the Global South is coupled with a global rise in right-wing sentiments and movements, assisted by what appears to be coordinated disinformation campaigns. (Photo: iStock)

This month, on 15 September, parliaments, national human rights institutions and civil society around the world observed the International Day of Democracy, declared as such by the UN General Assembly in 2007. This year’s observation also serves as a reminder of the need to promote and protect democracy against increased threats to it – the likes of which we are witnessing globally, and in our country. 

Today we are seeing the rise of authoritarian democracies – free and fair elections but democracy only by name. The characteristics of authoritarian democracies include the following: the pursuit of executive aggrandisement, concentration of power within the presidency and weakening of checks and balances; the use of state machinery and state-aligned media to delegitimise the opposition; manipulation of electoral processes; purging professional civil servants and replacing them with loyalists; targeting media and businesses supporting fundamental rights through legal and regulatory retaliation; and weakening and hollowing out oversight institutions. 

The backsliding of democracy in some countries in the Global North and the Global South is coupled with a global rise in right-wing sentiments and movements, assisted by what appears to be coordinated disinformation campaigns. In this international month of democracy, we wish to emphasise that disinformation is a grave threat to democracy.

Today, fact and fiction increasingly coexist in the same digital space – often dressed alike, delivered at the same speed, and consumed by the same citizens. The rise of disinformation is not a distant, hypothetical danger. It is already here. It is already shaping perceptions, shifting public trust and sharpening divisions.

We have seen it in our recent history. In July 2021, false messages spread like wildfire on WhatsApp and Facebook, inflaming unrest that devastated parts of our country and left more than 350 people dead and millions wiped from the economy. What began as a political grievance swiftly mutated – online – into coordinated incitement, economic sabotage and violence. The South African Human Rights Commission (SAHRC) report on the unrest sharply highlighted this point and made recommendations in this regard.

Read more: July 2021 unrest report – The anatomy of the destruction of South Africans 

We have seen it again on our university campuses, such as at Walter Sisulu University where, in May 2024, manipulated videos and audio recordings triggered panic and mobilised student action based on false claims. In the next few weeks, the commission will be releasing its report on this protest and alleged unlawful use of force.

We also saw it in our electoral environment in 2024, where the rapid spread of false claims, including about voting processes, party manifestos and community safety, undermined the very legitimacy of democratic participation. State institutions such the judiciary and Chapter 9 institutions are also not immune to coordinated disinformation campaigns meant to unduly influence, delegitimise, harass and intimidate.

Disinformation interferes with people’s right to make informed decisions. It erodes trust in democratic institutions. It inflames hate against marginalised groups. It has real-life consequences for health, education, dignity and freedom. When truth becomes unstable, so too does every right built upon it. Since the right to information is a gateway right, its violation via disinformation campaigns imperils the claiming, assertion and enjoyment of human rights. 

As part of its mandate, the SAHRC is actively trying to address the issue of disinformation and its threat to democracy. It has set up a unit focusing on Human Rights and Developing Technologies. Other initiatives include our E-Elections Project implemented during the 2024 national elections, which combined in-person observation with online disinformation and online abuse tracking. The commission is also proactively shaping the digital rights landscape through engagements with Meta’s Oversight Board, Google, TikTok and other platforms; through submissions on South Africa’s AI Strategy; and through the SAHRC’s widely disseminated Social Media Charter. The charter is an essential tool for social media users because it provides guidelines for responsible and ethical online behaviour, with the aim of combating human rights challenges such as cyberbullying and hate speech. The commission is also actively pursuing private actors, groups and politicians who spread hate speech and disinformation.

In July, the commission convened a Disinformation Summit which brought together tech companies, regulators, NGOs, state departments, media practitioners and scholars. We again heard how disinformation erodes public trust, fuels xenophobia and threatens elections, and can even cost lives – making it a grave human rights threat. National human rights institutions from across Africa, Palestine, Samoa and Denmark stressed the need for cross-border solidarity and rights-based responses, while even the deputy minister of justice warned that unchecked disinformation risked undermining democracy itself.

What is the state of democracy in South Africa today? Thirty-one years after the first democratic elections, our democracy is slowly consolidating. The emergence of governing coalitions at all spheres of government, despite many challenges, points to a maturing democracy. The South African judiciary and Chapter 9 institutions continue to demonstrate independence and institutional resilience, thus safeguarding constitutional democracy. South Africa’s strong civil society sector and media institutions also continue to act as bulwarks of state and private actor accountability. These are not only reflections of the state of civil liberties in the country but are essential parts of a constitutional democracy. It should, however, be highlighted that NGOs and media groups are facing many challenges, such as funding pressures, legal (so-called Slapp lawsuits) and violent attacks, and, indeed, disinformation attacks – as is the trend globally.

The commission’s recently released annual State of Human Rights Report shows that crime and violence, inequality and the state’s failure to provide basic services and progressively realise socioeconomic rights imperil democracy. Democracy is also imperilled by the rise of criminal syndicates either enmeshed in government processes or normalising a culture of lawlessness. In our recent policy brief we home in on one such mafia syndicate – water tanker mafias. According to the report, the top human rights violations in South Africa for the 2024/25 financial year concern rights falling under section 27 of the Constitution: the right to access to healthcare, the right to food and the right to access to water and social security. These are the most basic, yet the most violated, human rights in South Africa. 

There is no meaningful democracy without the enjoyment of basic rights. This lack of access to basic amenities to live a dignified life has fuelled the rise of populism and vigilante groups that scapegoat undocumented persons and non-nationals. 

The report concludes on this sobering note:

“Based on the work done by the SAHRC, all is not ‘doom and gloom’ as far as human rights in South Africa are concerned; however, the negative developments or lack of developments in human rights far outweigh any positive movementUnfortunately, overall, the report presents a picture of human rights in South Africa that is largely not improving based on the statistical and other evidence presented. The state of human rights in the country remains dire and therefore, if left unaddressed, is a ‘ticking time bomb’ that threatens constitutional democracy.”

The commission will table this report before Parliament to ensure that the human rights concerns contained in it are timeously and adequately addressed. In other respects, the commission will subpoena relevant authorities and private actors, institute inquiries and engage in litigation to address these critical human rights concerns. DM

Tshepo Madlingozi is a commissioner at the SAHRC. Lee-Anne Germanos Manuel is a legal researcher at the SAHRC. Eileen Carter is the coordinator of the commission’s Human Rights and Developing Technologies Unit.

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