Afcacia

South Africa’s Information Regulator has broadened its investigation into the recent general election to include tech giants Google and Elon Musk’s X (formerly Twitter), alongside Meta Platforms. This move follows all three companies’ refusal to comply with information requests made under the Promotion of Access to Information Act (PAIA).

Pansy Tlakula, Chairperson of the Information Regulator, confirmed that the companies declined to provide the requested details, arguing that PAIA does not apply to them despite their operations in South Africa.

“The complainant has requested access to records regarding election classifications, risk assessments on South Africa’s electoral integrity, and the application of global policies to local contexts within these three entities. The Regulator has accepted these complaints, and all three are currently under investigation,” Tlakula stated.

The investigation into Meta was initially triggered by the Campaign for Free Expression (CFE), a free speech advocacy group. CFE had submitted a PAIA request seeking information on Meta’s election management practices to evaluate transparency and assess how well the company mitigated election-related risks.

Meta rejected the request, arguing that as a U.S.-based entity, it is not bound by South African law. While Google has agreed to meet with the regulator to discuss the issues, Meta and X have yet to make similar commitments.

The Information Regulator aims to resolve these matters through settlement or conciliation, with a preference for settlement. Settlement would involve a direct agreement between the regulator and the accused party. If a settlement cannot be reached, the regulator would initiate a conciliation process involving both sides.

This is not the first time South Africa’s Information Regulator has confronted global tech firms. In 2021, it launched an investigation into WhatsApp’s revised privacy policy, evaluating whether it complied with the Protection of Personal Information Act (POPIA). The Regulator found that WhatsApp employed different terms of service and privacy policies for European users compared to those in other regions, including South Africa. Following the investigation, the Regulator directed WhatsApp to update its privacy policies to align with South African laws, despite WhatsApp’s argument that PAIA did not apply to it as a social media platform.

This latest development highlights South Africa’s ongoing efforts to hold global tech companies accountable for their operations within the country, especially concerning the integrity of its electoral process.