ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION persons who might desire to contribute to the COVID-19 public discourse. The criminalisation of disinformation is susceptible to abuse and tests the limits of free speech, which is unnecessary in a democratic society.96 When individuals enjoy the right of freedom of expression, they can criticise their governments and without fear of the harsh punishments if turns out that their criticism was not unjustified. to punish critical reporting, particularly. The cases of Eswatini, Tanzania and Botswana are illustrative of how these laws can be abused or have the potential to be abused. The role of fact checkers and media monitoring services in countering disinformation Real411 Impact on freedom of expression In South Africa, Media Monitoring Africa (MMA) 97developed a digital platform to challenge and address disinformation in an open, transparent and accountable manner within the South African laws and constitutional principles.” 98 The platform is referred to as Real411 and is guided by principles such as the recognition that speech is nuanced and includes journalistic, artistic or satirical expression or opinions; transparency and accountabi l it y. 99 Real411 also considers issues on hate speech, incitement, and harassment of journalists which together with disinformation are collectively referred to as ‘digital offences’.100Using the digital complaints platform, the public can participate in curbing this scourge through submitting what they perceive as disinformation, in any one of the eleven official languages of South Africa, for consideration by a constituted Digital Complaints Committee (DCC).101 The adoption of state of emergency regulations that criminalise publication of false information is a smokescreen to control public information. Theseregulationsalsohavethepotentialtosilence dissenting voices. As previously stated, these measures are not just logistically impractical but also have profound impact on the work of journalists and the right of the public to access information. A profound immediate impact of all of these regulations that criminalise the sharing of false information are their potency to stifle free speech because journalists have to resort to self-censorship for fear of being persecuted due to the ambiguity of the regulations that govern false news. So, therefore, while on the surface the regulations are meant to regulate false news, the ramifications of such regulations go beyond that by limiting journalists from providing lifesaving information at a time when the need for such a service is crucial. Criminalising fake news is usually not a good thing in a democracy. These kinds of laws can be abused by state authorities From March to end of May 2020, 387 complaints were received and 149 were confirmed as disinformation. These include COVID-19 96 C Bernardo ‘Fake news’ and COVID-19: How have we performed? 23 April 2020 https://www.news.uct.ac.za/article/-2020- 04-23-fakenews-and-covid-19-how-have-we-performed (accessed 15 June 2020). 97 See https://mediamonitoringafrica.org Media Monitoring Africa (MMA) is a South African based media lobby organisation focusing on media freedom, democracy and access to information. 98 https://www.real411.org (accessed 15 June 2020). 99 https://www.real411.org. The initiative started during South Africa’s 2019 national elections. MMA partnered with the Independent Electoral Commission (IEC) in curbing the spread of disinformation during elections based on the notion and acceptance that a threat to elections and democracy. The electorate can meaningfully exercise their right to vote if they have access to accurate information about the elections and the electoral process. 100 https://www.real411.org/digital-offences (accessed 15 June 2020). 101 https://www.real411.org/complaints-process. The working language of the DCC is English. https://zimbabwe.misa.org 22