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.
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