With support from the United States Agency for International Development (USAID), in 2021, the International Foundation for Electoral Systems (IFES) launched ElectionJudgments.org, a database for national election judgments from around the world. IFES has used this database to conduct an initial analysis of select judgments that involve bad actors propagating disinformation during and after elections. These cases show that the rise in disinformation campaigns around the world affect not only election processes, but also have expanded to threaten judges and the judiciary as an institution. Disinformation campaigns originate domestically and from foreign countries, targeting election management bodies (EMBs) and judiciaries in attempts to delegitimize their powers to announce and certify or rule on results. By attacking judges credibility, these disinformation threats may undermine citizen trust in judgments and lead to chaos.
This paper analyzes several cases from countries where disinformation campaigns have been litigated as part of the electoral dispute resolution process. Drawing on case law from Africa, Asia, Europe, Latin America, and the United States, we present an initial analysis of how courts are grappling with the disinformation issue.