Regulating algorithmic disinformation in electoral democracies: the role of social media algorithms in Kenya’s electoral democracy

Abstract

Algorithmic disinformation poses a growing challenge to electoral democracy, particularly in Kenya, where social media platforms have become central to political discourse. This study explores the role of social media algorithms in amplifying false information and the inadequacies of Kenya’s current legal and regulatory framework in addressing this issue. The primary objective of this study is to analyze the effectiveness of Kenya’s legal framework in regulating algorithmic disinformation, identify its limitations, and propose targeted reforms to safeguard electoral integrity. It focuses on Kenya’s electoral processes, examining how social media algorithms contribute to disinformation and evaluating legal and policy responses. It also incorporates comparative insights from international regulatory frameworks. The research employs a qualitative approach, including legal analysis, comparative studies, and a review of academic literature. It examines relevant legislation, case law, and regulatory practices in Kenya and selected jurisdictions. The study reveals significant gaps in Kenya’s legal framework, including the absence of a clear definition of algorithmic disinformation, lack of platform liability, and an uncoordinated regulatory approach. These shortcomings allow disinformation to thrive, undermining democratic processes. The findings highlight the urgent need for comprehensive regulatory measures. This study proposes several reforms, including defining algorithmic disinformation within the legal framework, implementing mandatory algorithmic audits, establishing a centralized body for digital election integrity, and enforcing transparency and accountability requirements for social media platforms. These measures aim to enhance oversight and mitigate the risks posed by disinformation, ultimately strengthening electoral democracy in Kenya.