Institutional reforms are required to protect both the judiciary as an institution and individual judges from attacks. Courts should review their institutional frameworks to identify the necessary reforms for them to adopt strategies, design and train judges and staff, develop information technology tools to counter disinformation campaigns, and provide direct support to judges as individuals. The Brazilian Inform, Enable, Respond strategy presents a useful framework for courts to consider when designing their approaches. We recommend that courts share lessons on reform approaches and gather evidence about the effectiveness and impact of such reforms. Current legal frameworks have enabled the courts to respond to disinformation campaigns brought before them. Judges should continue to compile case law and share the approaches and criteria they use to balance citizens’ rights. Legal professionals and academics can also assist with comparative case law analysis. Such an approach can help develop clearer jurisprudence for use at the national level. Courts should look at the growing number of procedures or policies implemented at home and around the world to enable them to rule quickly on cases of disinformation to maintain public trust in the electoral process. Courts can engage in peer-to-peer exchange by joining practitioners’ networks or connecting with election judges in their countries or regions to share their experience countering disinformation in elections. Courts should also consult with relevant national institutions, including EMBs, other independent bodies (e.g., human rights commissions, media regulation agencies), the police, and cyber bureaus about challenges with disinformation and measures taken. Such measures can include initiating dialogue with civil society organizations to increase understanding of the role of courts or modernizing the judiciary’s function by holding public hearings to enhance trust. Lawyers should understand their professional ethics and obligations and be held accountable in frivolous lawsuits. Legal professionals should review their codes of conduct or ethics rules and draw lessons from recent jurisprudence and sanctions imposed against litigants and lawyers. Courts, EMBs, and other relevant stakeholders should engage with lawyers, candidates, and parties prior to the elections to bring awareness of potential sanctions and impacts on the elections and conduct training on ethics rules. Election judges and magistrates should engage in dialogue with social media platforms ahead of elections to create direct communication. It is crucial to enhance cooperation to quickly access evidence and remove harmful content if the adjudication bodies find it to be in violation of election laws or rules, as experienced in Costa Rica. 24

Select target paragraph3