SMS ruling muddies the waters (co-authored with Dario Milo)

This week the Constitutional Court overturned an electoral court finding that the Democratic Alliance had violated the Electoral Act and code of conduct by publishing “false information” intended to influence the outcome of the elections last year.

In our view, in so doing, the court has blurred the established boundary between “comments” and “statements of fact”, which was needed to ensure that the electorate, while exposed to robust democratic debates, remains reliably informed about the facts underlying them.

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