Regulate social media content to stem spread of false information

Social media is awash with propaganda, opinions and fake news on matters of national importance that require credible and honest information for Kenyans to consume.

There is need for more social media monitoring and regulation to ensure more accountability by those sharing information in social media and from social media companies. I have seen video clips of people clearly not constitutional law experts providing opinions and commentary on inaccurate and incorrect interpretation of the Constitution.

They provide that with such confidence and conviction, that can misinform even the most perceptive of consumers. In some cases, people mix opinions and personal views with factual reporting on issues and situations that it is hard to distinguish facts from opinions, which they cloth with half-truths.

Opinions and personal views are passed around as factual reporting of events that allegedly actually took place. Social media is the source of news/information for majority of Kenyans, although some can detect fake news and misinformation, a considerable number such as students and younger members of our society may not have any other sources of information because they don’t read newspapers, listen to or watch mainstream news.

Regular users who routinely disseminate information on social media platforms may unintentionally contribute to the dissemination of false or misleading information. We routinely see “press statements” or communication from government institutions spreading like wild fire in social media only to see the same branded, “fake.”

By the time the information is determined to be fake, it has gone through several social media platforms, some which never get to see the fake version of the same information. There is also concerns about increasing cyberbullying, trolling, and other cybercrimes to the person. The consequences are far-reaching including psychological trauma and lost opportunities.

Some people regularly post half-truths or deliberate inaccurate information to advance agendas and propaganda. Article 31(c) of the Constitution provides for everyone’s right to privacy, which includes right not to have information relating to their family or private affairs unnecessarily revealed and yet, some social media users make commentary that infringes the right to privacy and get away with it.

Families and institutions have had to issue statements that their loved ones are healthy and alive against social media announcements of their “deaths” or “critically ill conditions.” This is distressing for those affected.  

The right to freedom of expression guaranteed in article 33 to seek, receive or impart information or ideas does not protect against incitement to violence, hate speech or advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm, yet, some social media platforms are awash with vile, hateful and even ethnic incitement and vilification of others.

There is need for moderation of content and language used in social media. People believe they can get away with posts and statements they leave in the dark web/internet because they feel no one is watching. Social media companies continue to face severe criticisms for not doing enough to protect users from fake news and misinformation and perhaps it is a big challenge for them to keep up with their users.

Policies and legislation against fake news are ineffective. Studies around the world reiterate the importance of better legislation, stricter policies, and effective institutions empowered to best regulate, monitor and oversight social media companies and their customers, akin to mainstream media houses regulation and oversight even if they do it themselves.

Although it is a delicate balance between freedom of expression and right to information and spread of fake news and misinformation, some measures against group administrators who spread fake news and social media companies, if better implemented and coordinated, can assist reduce misinformation and fake news.

There is need for enhanced public awareness and to strike a balance holding everyone (providers and consumers) accountable while preserving the principles of free speech and access to information.