Weak Nets, Strong Currents: Analysing the Regulation of Social Media Disinformation in Kenya and South Africa
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2026
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University of Cape Town
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The integration of digital media into everyday life has created new opportunities for information sharing while amplifying challenges such as disinformation. Efforts to regulate disinformation remain complex for both state and non-state actors globally. This study examines regulatory regimes addressing social media disinformation in Kenya and South Africa, contextualised within Article 9 of the African Charter on Human and Peoples' Rights, which advocates for freedom of expression and the right to receive information. Through document analysis and expert interviews, the study interrogates the compatibility of existing regulations in both countries with democratic norms, focusing on challenges posed by social media platforms like Facebook, Instagram, and X (formerly Twitter). By analysing policy papers, constitutions, acts of parliament, regional declarations, and court rulings, the study maps the current legal frameworks and critiques their adaptability to evolving technologies, including the use of Artificial Intelligence (AI) to disseminate falsehood on social media. Kenya and South Africa, often lauded as progressive democracies and digital innovation leaders in Africa, offer instructive case studies for broader continental policy development. The research is justified by the historical and ongoing impact of disinformation in Kenya's electoral processes and the rapid growth of social media usage in both countries. Methodologically, the study adopts a qualitative approach, combining document analysis with expert interviews to offer nuanced insights into regulatory practices and their effects on freedom of expression and the right to access truthful information. Findings suggest that while both countries have made significant strides, existing regulatory measures often struggle to balance combating disinformation with protecting constitutional freedoms. The study concludes by offering policy recommendations aimed at developing adaptive, rights-respecting regulatory frameworks suitable for Africa's dynamic digital environment.
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Itumbiri, G. 2026. Weak Nets, Strong Currents: Analysing the Regulation of Social Media Disinformation in Kenya and South Africa. . University of Cape Town ,Faculty of Humanities ,Centre for Film and Media Studies. http://hdl.handle.net/11427/43745