Striking the balance between protecting freedom of speech and combating misinformation and propaganda in the digital age about lgbtq+

The year is 2024; we are deep into the Internet era. If you’re a Kenyan you’re most likely familiar with KOT (Kenyans on Twitter), a culture that we have seemingly carried into the modern adaptation of Twitter, X. ‘So what exactly is KOT culture and why is it relevant in this conversation?’ KOT culture is an inherent personality shared by multiple internet users, not just Kenyans. It features the key trait of individuals sharing their unsolicited thoughts and opinions about everything with the general internet community. Yet again, this practice isn’t limited to virtual corridors; it very much exists in physical interactions – ‘kwa ground’. Freedom of speech advocates for liberty of expression - a freedom to simply be.

With modern-day society being exposed through education and information the internet has to offer, a lot of people are acquainted with their rights. The freedom of speech is quite common yet controversial. ‘How far does the freedom of speech go?’ ‘To what extent are people allowed to share their thoughts and opinions without infringing on other people’s rights?’ ‘How do we protect and uphold the truth notwithstanding everyone’s freedom of speech?’ This piece of work seeks to expound on these questions. Enjoy the read…

Access to information. According to chapter 4, article 35, section 1 of the Kenyan constitution, ‘every citizen has the right of access to information held by the state and information held by another person…’ This simply goes to say that information is legally allowed to flow and circulate amongst the society. The truth or falsehood of information is quite relative depending on who you ask – everyone knows a different part/aspect of the same story. So now of course you’re asking yourself, ‘what’s true and what’s not?’ Then again, ‘Is a narrative shared by a group or even a large number of people qualify to be termed as truth?’ Also, while you’re scratching your head as you’re pondering on this, ‘who can we truly trust and rely upon as a credible source of information?’

Freedom of expression. According to chapter 4, article 33, section 1 of the Kenyan constitution, ‘every person has the right to freedom of expression which includes; freedom to seek, receive or impart information or ideas’. It further goes on to state in section 2, ‘the right to freedom of expression does not extend to; propaganda for war, incitement to violence, hate speech or advocacy of hatred.’ Expression- what is it? What does it encompass? Expression is a form of communication; it is both verbal and non-verbal. It is the way a person chooses to articulate their thoughts, opinions and feelings on matters relevant to them. Expression couldn’t be any more relevant in today’s world as it is a point of difference for every person. It’s a personality – a behavioral mode of conduct, a liberty that allows for individuality. ‘How accommodative is the society towards individuality?’ Especially in a Kenyan society that isn’t very welcoming to differences, especially a Queer difference.

Freedom of speech. This is a principle that supports the freedom of an individual or community to articulate their opinions and ideas without fear of retaliation, censorship or legal sanction. The freedom of speech is greatly tied to the freedom of expression as speech is one of the most common medium people employ to express themselves. This principle is advocated for and supported by multiple international legislations including:

• Article 19 of the International Covenant on Civil and Political Rights
• Article 10 of the European Convention on Human Rights
• Article 13 of the American Convention on Human Rights
• Article 9 of the African Charter on Human and People’s Rights

Important to note is that freedom of speech is not absolute and some of the common limitations include: libel, slander, obscenity, pornography, sedition, incitement, fighting words and hate speech, just to mention a few.

Speech, whether verbal or non-verbal, is what makes up communication. Communication is an integral part of humanity and life in general. Through communication, an individual forms relationships and associations with others, enabling them to truly be part of their society.

So how do we truly strike a balance between protecting the freedom of speech and combating misinformation in this digital age? You’ve heard this before but here I go repeating the same, Change starts with you. In order to have a society that is progressive in advancing the freedom of speech while combating the prevalence of misinformation, you and I play the first role in creating the difference. Are you truthful? Do you verify information before sharing with others? Do you create an environment that allows the other person in the room to freely communicate? If we collectively put into practice these small deeds, eventually we will strike a balance.