Timely, Effective and Proportional Remedies IFES’ Election Investigations Guidebook 20 analyzes how EMBs, electoral judges, and investigators may need to adapt their methods of fact-finding and analysis to clearly delineate the roles, responsibilities and criteria used by those who receive complaints, conduct investigations, and make decisions on disinformation cases. IFES has identified six core principles of effective investigation that are useful in the context of disinformation cases (see text box). 21 An effective remedy: 1. Ensures that the letter and spirit of the law is realized in practice; 2. Is provided in a timely manner; 3. Is proportional to the violation or irregularity in question; 4. Is enforceable; 5. Leads to deterrence or a change in the behavior in question; and 6. Reinforces the perception of fairness and credibility of the process. Judges must balance implementing timely, effective, and proportional remedies to address disinformation cases with the common struggles surrounding these types of cases. Deterring future dishonest behavior is paramount and can be achieved successfully via such avenues as defamation lawsuits. However, judges also should consider: 1. The timeliness of court cases, which often occur post-election, when disinformation campaigns have already taken place and the harm has already been done. 2. The difficulty in measuring the impact of post-election remedies on the election process. 3. How to impose proportional remedies and sanctions on litigants and deter people from filing frivolous complaints. As the case law in this paper will show, courts around the world have used a wide range of remedies available to them under the applicable law to address the harm (or potential for harm) caused by disinformation campaigns. The ability of courts to find practical solutions within short deadlines when cases with complex facts are brought before them is a significant finding from the case law analysis. Vickery, C., and Ellena, K. (2020, December 17). Election Investigations Guidebook. International Foundation for Electoral Systems. 21 Ellena, K., and Vickery, C. (2016). Measuring Effective Remedies for Fraud and Administrative Malpractice. International Foundation for Electoral Systems. 20 8