An analysis of the legal framework governing the regulation of social media and its use as evidence in Kenyan courts
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Authors
OMONDI, ATTOGOH RANDY
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Publisher
Strathmore University
Abstract
Social media is currently the most used medium for communication, storage and transmission of
information. Legal, commercial and also criminal activities are carried out on social media. As a result, there is the need for its regulation. This paper focuses on social media regulation in the criminal justice system and on its treatment as evidence. It is the duty of the state to ensure that regulation of social media upholds the guarantee of freedom of expression, access to information
while still upholding the right of an accused to a fair trial and respect for the court process. Legislation is key in ensuring that these objectives are met.
Description
Social media through the Internet has revolutionized the ability to communicate across geographic, political and religious divides. Today, anyone can reach millions of users at an instant. Although this is useful, it has broadened the harm and infringement of rights that happen online. Enforcement of criminal law online is rare due to investigatory challenges, online anonymity, inadequate
policies and the treatment of social media evidence. Moreover, social media companies are reluctant in enforcing their own terms and conditions.