Deepfake Technology and Elections in Kenya: Can Legislation Combat the Harm Posed by Deepfakes?

Abstract

Indeed, discussions on how to mitigate the misuse of deepfake technology and its interference are ongoing in the scholarly discourse. Thus, in this paper, I focus on how legal recourse can mitigate the harms that deepfake technology causes, such as deteriorating trust in government institutions, election violence, compounding social divisions, and harming individual privacy and integrity. I argue that while the law can deter the misuse of deepfake technology, such a law must be narrow considering the need not to stall the benefits of deepfake technologies or thwart freedom of expression. Moreover, legislation in itself is not enough. There is a need to develop technology, particularly by social media platforms, that can instantly debunk fake videos and audio, removing the content online. This paper also analyses some of the laws in Kenya that individuals can invoke when affected by fake videos and audio.