Misinformation and disinformation have risen alarmingly, exacerbated by significant policy changes from major social media platforms and the normalisation of hate speech by right-wing leaders and conservative commentators. As the Civic Rights Programme Manager at the Southern Africa Litigation Centre (SALC), I have observed firsthand the detrimental impact these changes have on our efforts to promote free speech, good governance, active citizenship, accountability, and democracy in Southern Africa.

In an era of social media communication, distortions, falsehoods, and harmful information have become powerful tools, influencing political discourse, shaping public opinion, and exacerbating societal divisions. The intersection of misinformation, disinformation and hate speech is particularly concerning, as false narratives can fuel discrimination, incite violence, erode democratic values and, where unchecked, lead to wars.

Twitter, now rebranded as X, has long complicated the landscape of misinformation. The approach to content moderation, which emphasises minimal fact-checking, allows misleading content and deceptive narratives to thrive on the platform.

Most recently, Meta removed fact-checkers and altered policies allowing for harmful content, marking a dangerous setback in the fight against misinformation and hate speech. By eliminating these safeguards, Meta has opened the floodgates for all sorts of problematic content to proliferate and circulate unchecked, undermining the integrity of social media as a contemporary public square.

As highlighted by Forbes, moving the responsibility from the platform to fact-check and evaluate the truthfulness of content to the consumer may be unwise ‘, especially for the most vulnerable in society, including those who are less digitally literate and therefore less able to discern fact from fiction, fraud, or opinion in an online forum.”

Such policies could have dire consequences in the Global South, where low levels of media literary, coupled with a controlled press and restricted freedom of expression, severely limit access to credible information. In Southern Africa, the unchecked spread of misinformation can erode trust in institutions, fuel political instability, and exacerbate social divisions.

Misinformation and disinformation can fuel a public culture of fear and hostility where hate speech can flourish. This toxic environment can then lead to real-world violence and hate crimes against marginalised communities.

A striking example is the Qwelane case, a landmark legal battle in South Africa, in which SALC was amicus curiae — a friend of the court. This case highlights the dangers of normalising misinformation, especially in today’s geopolitical landscape, where the unchecked spread of falsehoods can undermine human rights and democratic principles.

Jon Qwelane, a South African journalist and former ambassador, published a column in 2008 that contained deeply homophobic rhetoric. The piece perpetuated harmful stereotypes and misinformation about LGBTQ+ individuals, reinforcing societal prejudices. The article sparked widespread backlash and led to a legal challenge under South Africa’s hate speech laws. The Constitutional Court ultimately ruled that Qwelane’s statements constituted hate speech, setting a precedent for holding individuals accountable for propagating harmful and false narratives.

The so-called ‘fake news’ is also often weaponised to incite violence, discrimination and war; false narratives about ethnic or religious groups can spread rapidly on social media, leading to increased tensions and, in some cases, violent attacks. The normalisation of misinformation and disinformation only serves to exacerbate issues such as the war in the Democratic Republic of Congo, which has sent the governments of SADC and EAC countries into a frenzy, with heads of state exchanging harsh words on social media platforms. The Expropriation Act in South Africa is another example that has invited vicious attacks from white nationalists and right-wing organisations based on unchecked and misleading information.

Social media and digital news platforms have become the primary conduits for misinformation. Algorithms that prioritise engagement often amplify sensational and misleading content, leading to the widespread dissemination of harmful narratives. The Qwelane case serves as a reminder that legal frameworks are necessary to counteract misinformation that leads to hate speech. However, tackling this issue in today’s interconnected world requires a multi-stakeholder approach.

I am acutely aware of our challenges in responsibly advancing the right to freedom of expression in this new landscape. Powerful actors’ intentional and strategic use of falsehoods makes it increasingly difficult to promote freedom of expression and access to accurate and credible information and hold those spreading harmful and deceptive narratives accountable.

Some influential individuals and governments have often resorted to spreading misleading information and undermining the credibility of the press, democratic institutions and virtually any interest they oppose, setting a dangerous precedent. Such trends have emboldened authoritarianism and enabled some leaders to adopt similar tactics in both the Global North and Global South, further eroding trust in democratic institutions and media platforms and making it more challenging to combat misinformation.

In this environment, the work of fact-checkers, truth-tellers, information activists, civil society and pressure groups is more critical than ever. At SALC, we continue to advocate for policies that promote transparency and accountability, support independent journalism, and empower citizens to evaluate the information they encounter critically. We are also committed to strengthening the legal and regulatory frameworks that protect against misinformation and hate speech, ensuring that those who spread harmful content are held accountable.

However, the fight against misinformation and disinformation is far from over. It requires a concerted effort from all stakeholders, including foreign aid agencies, governments, civil society organisations, and the private sector. Together, we can work to create a more informed and just society where the right to freedom of expression and access to accurate and credible information is upheld. A society where harmful speech and misleading narratives are checked for what they are: lies.

Written by Melusi Simelane, Southern Africa Litigation Centre