Digital frontiers: Navigating the intersection of technology, freedom of expression, and privacy

Internet usage has grown exponentially, with Kenya recording 10.55 million social media users and 17.86 million internet users as of 2023. These statistics overtly pinpoints the internet\'s critical role as a platform for accessing information and amplifying voices, fostering democratic engagement. However, this digital revolution presents significant challenges, particularly in the realms of privacy and data protection. As individuals increasingly share personal information online, the risk of privacy breaches and the misuse of data looms large. This paper aims to add to the existing research, by exploring the interplay between technological advancements and constitutional rights to freedom of expression and privacy in Kenya, critically assessing whether the existing legal framework sufficiently addresses these prerogatives. By examining how digital platforms enable communication while exposing users to surveillance, data misuse, and privacy violations, the study evaluates the challenges of balancing free expression with robust privacy safeguards. Through qualitative analysis of Kenya’s legal frameworks, global case studies, and best practices, the paper offers strategies to regulate content effectively, promote data protection, and enhance free expression. It emphasizes the need for comprehensive regulatory mechanisms to uphold constitutional rights in the digital age while ensuring technological innovations are enablers of privacy and free expression rather than threats...read more