Connect with us

Hi, what are you looking for?

Information PS Edward Kisiangani led a Kenyan delegation, including officials from the Media Council of Kenya, to the Internet For Trust Global conference in Paris, France on from Feb 21-23, 2023.

Fifth Estate

Content regulation on digital platforms useful, need not be criminalised

Content regulation, information integrity and responsible use of digital platforms have gained currency as communities deal with the expanded space for freedom of expression and access to information. In addition to global professional standards on the regulation of information outlets including journalists which is generally accepted, some issues, which platform providers had thought well handled through the community rules, seem disturbing thus attracting attention. Most important is the issue of harmful content, including but not limited to hate speech, disinformation and insults.

It’s obvious that laws cannot keep up with developments in technology and in many cases when not applied responsibly can stifle innovation- and many have been against coming up with new laws to deal manage platforms. Many freedom of expression advocates have argued against such laws as social media tax, computer and cybercrime, digital media laws, on the grounds that the already existing regulations are enough to deal with the situation, so long as enough media and digital literacies are conducted within communities.

The existence of independent media and content regulators in countries together with community rules by platform providers provide room for regulation, thus no need for more guidelines at the international level, as global bodies such as UNESCO are trying to do. In such a situation, a number of models, very loose and civil in nature including national broad-based coalitions bringing together civil society, academia, governments, independent content regulators, media support groups among others have emerged, and might just be the entities to push for responsible use of platforms. We don’t need to criminalise the platforms because of the people who misuse them, but must tell that its their responsibility to work on making the platforms safe and civil places. In any case , media houses ensure their TVs, newspapers, radios and own platforms are safe and responsible for what they carry. Platform providers cannot remain aloof to the challenges that come with the innovations, and must be robust in working with others to ensure responsible use of their platforms. Information shared must be useful to the communities. They must invest in research, public education and digital/media literacy for the good of the communities in which they serve, They must coalitions that are working on ensuring responsible, constructive use of information shared on the platforms.

Regulating content is not aimed at regulating innovation and technology, but discussions are agreeing that information shared is within the agreed international and national laws to minimise conflict with the law and should not me seen as adding for regulations on regulating Freedom of Expression. Remember in many countries including Kenya, freedom of expression is subject to the general limitation clauses. Read Section 33(2) of the Constitution on limitations to Freedom of expression.

Recognising and appreciating the importance of such professional obligation, many media enterprises in Kenya have developed social media and blogging policies for journalists attached to them, to ensure while they go online, and the associated ambiguities, of their private lives and their public life, they still observe professionalism even within their private space. Journalism is a public life and requires of its professional members to maintain decorum in their dealings.

The media companies are explicit that these guidelines will help their journalists in the use of online platforms without undermining their professionalism and compromising the company’s credibility. Borrowing from the industry practice, the Media Council of Kenya has suggested that a provision be included the code of ethics for the practice of journalism in Kenya the online communication with journalistic content, while users have chance to freely exchange ideas without breaching the law while observing professionalism. These is meant to comments are moderated based professionalism before publishing.

Through support from UNESCO and the EU, players in the sector have formed a national coalition of content regulators in Kenya, to steer the country away from the existing laws and regulations to ensure platforms are not misused in the sharing of harmful and irresponsible content. This might be a new concept about regulated self-regulation in content that may be strengthened purely self-regulation and or coregulation being practiced in some areas. In addition to these, we must also recognise the place of data privacy laws and how the platform providers are respecting this.

Copy right laws and now knowledge on AL and related developments will be critical to our communities as we move forward. It is not the complications about how AL works and the science, but general literacies on how its possible to misuse, give information such as during elections that lacks integrity, or misinformation that messes up with democratic processes in the country. Remember how AL can alter our information through filter bubbles and echo chambers? Its gaining ground that we cannot talk about information integrity and access to useful information by the public, if the information they are receiving is misinformation, and the principle of information diversity suffers greatly if we get a few people to dominate the platforms.

Comments

More on Capital News