On June 21, 2023, KEPSA Foundation in partnership with the Center for International Private Enterprise (CIPE) hosted a stakeholders’ meeting aimed at consolidating proposals on the development of a policy framework for the establishment of a Fact-Check Unit as they seek to improve info-space integrity in the private sector.  

The forum was attended by 50 participants, with representation from United Nations Development Program me (UNDP); KEPSA Governing Council Members; Delegation of German Industry and Commerce for Eastern Africa; East African Breweries Limited (EABL) PLC; Law Society of Kenya (LSK); Karen Hospital; among others. KEPSA Foundation was led by the Executive Director, Ms. Gloria Ndekei.

Remarks by the KEPSA Foundation Executive Director

Giving her remarks during the meeting, Ms Gloria Ndekei thanked CIPE, UNDP and key stakeholders for their invaluable support in achieving the objectives set by this project.

Ms. Ndekei, speaking on the Facts Check Unit, highlighted the importance of an establishing and sustaining a Fact-Check Unit and how businesses would stand to benefit from it through a policy framework.

She noted, among other things, that a policy framework will be vital in creating a structured approach and culture of verifiability of information that negatively affects businesses within KEPSA Membership. By establishing a Fact-Check Unit within KEPSA Foundation, which will be a functional resource center of verification, fact-checking mechanisms and data-driven network analysis, this will influence operations around combatting false and/or misleading information in the business sector. Ownership of the fact check unit by members would be key which can be achieved by a multi-stakeholder approach. The foundation has continued to involve membership in this process and is coming up with a committee of 11 members to guide the process. Strengthening of a human resource team within the foundation for the unit will ensure effective rolling out and management of correct and accurate business information within the private sector and BEYOND.

Panel Session

The session had five panelists members and was moderated by Mr. Patrick Wandare, CIPE Project Officer. It highlighted a number of key concerns that should be addressed.

Panelists

• Mr. Mike Omondi -CIPE Consultant/Clerk Master Consulting, Ethiopia
• Mr. Nadida Rowlands, Legal Director - EABL PLC
• Mr. Demas Tuikong Kiprono, CPM – Commissioner, Media Council of Kenya Complaints Commission
• Mr. Ben Roberts – Chairperson, KEPSA ICT Sector Board
• Ms. Annette Kimitei – Chairperson, KEPSA Security Sector Board

Remarks by Mr. Omondi

In his remarks, Mr. Omondi explained that there exist several gaps that limit the mitigation of false information.

First on the list is the policy gaps whereby the pace of policy formulation is slower than the pace of information violation advancement. Framing the legal context of operationalization of the Fact-Check Unit is important and that there’s need to understand the mandate of the Fact-Check Unit. He noted that it’s important to understand the Guidelines given out by regulatory and statutory bodies re cascaded down to the private sector.

Second is the digital skills gap where only 21% have basis in technical digital skills limiting the chances of tackling this challenge and lastly is the knowledge gap which poses a challenge since the recognition of a challenge is the first step to solving it.

Further, he stated that there is need for several monitoring and evaluation mechanisms to mitigate the information disorder challenge through several measures such as development of a matrix that cites gaps, laws, recommendations and partnerships needed to actualize these reforms; establishment of data protection office at corporate levels; identification of policies that can be cascaded to suite the private sector; and development of a Fact-Check Unit that will be used to disseminate integrous facts.

Remarks by Mr. Rowlands

Speaking on maligned influence, Mr. Rowlands stated that one of the major challenges is that Kenya as a nation has several policy regulations around the info-space, however the governance of those regulations is minimally invested in. He further explained that false information is majorly propagated as a strife for control and affects everyone from corporates to individuals and requires collective and strategic efforts to combat. 

Remarks by Mr. Kiprono

Mr. Kiprono in his remarks advised that the conversation should revolve around the policy and statutory framework that will help tame the false information propagated by bloggers. He further explained that the law advocates for freedom of speech and not hate speech or reputation disruption and in this regard, it is up to the private sector to view the media as partners so as to collectively deal with this impending issue and promote the spreading of factual information. He urged KEPSA to view the media as a necessary partner.

Remarks by Mr. Roberts

Mr. Roberts, in his submissions, brought to light a challenge of experts not being given a voice. He stated that it is crucial for experts within the various industries to voice their knowledge that will counteract the false data. He further explained the grave nature of false and/or misleading information as it would lead to companies collapsing, job losses and to an extreme point of loss of innocent lives and therefore needs immediate action.

Remarks by Ms. Kimitei

While speaking on the gender bias with regard to information malpractice, Ms. Kimitei stated that women reputational damage is often higher than that of male counterparts and for businesses more so SMEs led by women often close shop or operate off-grip despite the opportunities due to fear.

Therefore, the role of the private sector is to create awareness on the opportunities and risks from the media as well as the need to judge from a pivotal factual point. She spoke on striking a balance between the data protection and private security companies’ players in mitigating information disorders. In concluding her remarks, she necessitated the state of urgency around the info space narrowing down to mitigation of false information practices in this modern and fast-evolving world and the need for an SMEs toolkit that will educate various businesses and employees on the role of the info-space as well as their legal obligations as an operational business. 

Comments from Plenary

The Session was moderated by Mr. Duncan Mochama of KEPSA ICT Sector Board. In this session, some of the concerns raised include:

• Bloggers and social media influential users leveraging on shaming women in leadership positions rather than relying on factual information in order to gain mass following and subsequently being hired by Business enterprises to influence their products; and need to cancel contracts of such bloggers;
• Closure of SMEs due to the fast spread of false information that affects them.
• The environment within the country overregulates and under governs that in turn does not match the curbing of information disorders and its spread;
• KEPSA to be careful with the operationalization of the Fact-Check Unit to avoid legal cases arising from inaccurate information;
• Need for a Monitoring and Evaluation Plan;
• Risk assessment of the Fact-Check Unit to be done;
• Crowd sourcing support for funds;
• Collaboration with security agencies;
• Need for a Data trust and driven strategy.

Next Steps and Way Forward by Gloria Ndekei

• Creation of an information management team within each organization that facilitates the use, storage and conveying of information
• Need for collaborative and multi-stakeholder engagement.
• Awareness creation that will target all forms of businesses explaining the risks and opportunities within the media space.
• Investment in enforcement of policies put in place is critical.
• An implementation plan to be shared with proposed timelines.
• The Law Society of Kenya (LSK) to be onboarded as a collaborator.
• Situation and comparative (with other jurisdictions including India) analysis that would highlight the gaps and laws that surround establishment of the Fact-Check Unit and the info-space and present a platform for constructive change and engagement.
• Need to enhance legal and policy framework on info-space integrity. It is important to enforce the existing laws to ensure they don’t become a millstone around our necks.
• A creation of mediation teams as critical partners.
• Need for an engagement of a multi-stakeholder approach
• selection of an 11-member committee to guide in the establishment of the fact check unit
• Need for an SME toolkit.
• In developing the policy, urgency including AI to be considered and the scope of the policy to be defined. Need to ensure integrity is so high
• Private Sector Policy Framework for the Fact check unit to be operational at KEPSA Foundation by December 2023
• Fact check unit to be launched in quarter one 2024

Closing Remarks

Ms. Winnie Maru, Member, KEPSA Lands Sector Board, in her closing statement, thanked the participants for engaging on such a vital topical issue and called for a cohesive and collaborative relationship with key stakeholders to achieve the objectives the meeting intended to.