The Man Who Cried Rigged: Analyzing Global Efforts to Combat Election Misinformation to Inform Recommendations for National Reform

Since running for president in 2016, Donald Trump has consistently used social media to question the legitimacy of the American election system. This strategy came to a head in 2021 when his supporters—falsely believing that President Joseph Biden fraudulently stole the 2020 presidential election from former President Trump—stormed the U.S. Capitol Building in a deadly and unprecedented attack on American democracy. Yet, although election misinformation has become prominent in American politics, this problem is not exclusive to the United States. Many other countries, including Brazil and Canada, have had their elections questioned or threatened by actors looking to sow mistrust in democratic institutions. Unlike the United States, however, the governments of those countries have taken steps to combat such misinformation. This Note analyzes the policies adopted in other nations to limit and counter election misinformation on social media to determine what actions the U.S. government could and should take to do the same. The Note argues that a non-partisan approach is vital to the success of any such policy, and that the Canadian approach in particular is the most useful guide for American policymakers. Moreover, this Note argues that a more direct, and arguably more effective, approach will necessarily involve reforming Section 230 of the Communications Decency Act to better reflect the role the internet plays in modern society, and to allow the federal government to ensure social media companies are accountable for the roles they play in shaping our democracy.