Abstract
The twenty-first century marks the apex of global information exchange. The embodiment of news and knowledge is no longer confined to paper-based or broadcast formats, nor is its dissemination restricted to seasoned journalists, learned authors, or subject-matter experts. Instead, information is now distributed at vast and rapid scales within digital environments, accessible to anyone with an internet connection. Notably, the "anyone" in this context need not be a natural or juristic person in the traditional sense, as the rise of artificial intelligence introduces new actors into the information ecosystem.
Social media has enabled an instantaneous global exchange of opinions, ideas, and news. However, this transformation has also introduced risks associated with the spread of false or misleading information. These non-traditional modes of information creation and dissemination necessitate a critical investigation into social media’s influence on fundamental human rights and an unpacking of the responsibilities and obligations that arise from both the exercise and protection of those rights.
This dissertation focuses on the South African legal framework governing misinformation and disinformation while drawing comparative insights from international and regional instruments. It examines the roles of key stakeholders including legislators, regulators, platforms, and users in shaping the implementation and effectiveness of control measures. The analysis is contextualised against South Africa’s relatively recent adoption of internet technologies and the rapid proliferation of social media platforms, especially when compared to more technologically advanced jurisdictions.