Regulating social media for Kenyan democracy

Abstract

In our digitally interconnected world, online political micro-targeting (OPM) presents both a promising avenue for engaging the electorate and a potential threat to the very fabric of democracy. This study, spurred by the prevalent use of OPM in Kenyan politics, has undertaken a comprehensive exploration of its impact, risks, and the inadequacies of existing regulatory frameworks. The primary focus has been on assessing the threat posed by OPM and developing a framework for its regulation. Grounded in a qualitative methodological approach, the study relies mainly on secondary sources, including books, and articles. However, primary sources such as the Constitution of Kenya, the Data Protection Act, and the Computer Misuse and Cybercrimes Act are still utilised. It follows a deductive logic structure, using the findings in chapters two and three to validate the necessity for specialized legislation. Chapter two identifies gaps in current laws that fail to curb the risks associated with OPM, while chapter three evaluates international regulatory models to identify practices that could be adapted to the Kenyan context. Chapter four then delivers the crux of the argument: Kenya's democracy urgently requires specialized legislation to address OPM. The recommended legal approach—'the information control approach' - envisions an effective regulatory environment where misinformation is proactively eliminated, and transparent measures are put in place. This proposed legislation aims at strengthening the electoral process by ensuring that social media platforms adhere to stringent criteria, instituting penalties to deter OPM abuses.