South Africa’s Information Regulator Includes Google and X in Election Integrity Investigation

South Africa’s Information Regulator has expanded its investigation into global tech giants, including Google, Meta (formerly Facebook), and X (formerly Twitter), over concerns related to the protection of the country’s electoral integrity. The investigation follows complaints that these platforms may not have adequately addressed risks associated with election management in South Africa.

A free-speech advocacy group, the Campaign for Free Expression (CFE), filed a Promotion of Access to Information Act (PAIA) request, seeking records related to how these platforms classify elections, assess risks, and apply global policies in the South African context. While Google has agreed to meet with the regulator to discuss these issues, Meta and X have not yet made any similar commitments.

The investigation into Meta originated after the company refused to comply with the CFE’s PAIA request. Meta argued that as a US-based company, it is not bound by South African laws. The CFE’s concerns are focused on Meta’s election management strategies, seeking transparency to determine whether the company has sufficiently mitigated election-related risks in South Africa.

The Information Regulator is exploring resolution through either settlement or conciliation, with a preference for settlement. Settlement would involve a direct agreement between the Regulator and the accused party. Should settlement fail, a conciliation process, involving both parties, will be facilitated.

This is not the first time South Africa’s Information Regulator has scrutinized global tech companies. In January 2021, the Regulator launched an investigation into WhatsApp’s revised privacy policy to ensure it aligned with the Protection of Personal Information Act (POPIA). The investigation revealed that WhatsApp applied different terms of service and privacy policies for European users compared to South African users. Following this, the Regulator issued an enforcement notice, directing WhatsApp to update its privacy policy in compliance with POPIA, rejecting the company’s argument that South African laws do not apply to its operations.

The ongoing probe into Google, Meta, and X highlights the Regulator’s commitment to holding international platforms accountable for their impact on South African electoral processes and ensuring compliance with local laws.