Interrogating the legal and regulatory framework in Kenya for combatting deepfakes as a form of cyber violence

Abstract

This dissertation examines the legal and regulatory frameworks in Kenya to address the threats posed by deepfakes, particularly in the context of cyber violence. The theoretical framework employed in this research integrates the Information Poverty Theory and the Actor-Network Theory, providing a comprehensive lens through which to analyze the interplay between technology, law, and societal impacts. The study begins by defining deepfakes and exploring their implications for individuals and society, highlighting the potential for misuse in defamation, harassment, and misinformation. It then performs a comprehensive analysis of existing laws and regulations, to identify gaps in the current legal framework that hinder effective responses to the challenges posed by deepfakes. The research employs a qualitative methodology, incorporating legal analysis and case studies to highlight the challenges faced by victims and the legal system in addressing deepfake-driven cyber violence. It critically evaluates the adequacy of Kenya's legal framework in addressing the unique characteristics of deepfake technology. The findings reveal a pressing need for a multi-faceted approach that includes not only legal reforms but also public awareness campaigns and technological solutions to combat the proliferation of deepfakes. In conclusion, this dissertation advocates for a bespoke legal framework that includes clear definitions, enhanced enforcement mechanisms, and capacity-building initiatives for law enforcement and judicial officers. By addressing the complexities of deepfakes within the Kenyan context, this research contributes to the broader discourse on cyber violence and the need for adaptive legal responses in an increasingly digital world. The recommendations provided aim to inform policymakers and stakeholders in their efforts to create a safer online environment, ensuring that the rights and dignity of individuals are upheld in the face of evolving technological threats.