Amnesty flags loopholes after ‘fake news’ ruling

The broader system enabling digital repression remains largely intact despite a recent court decision striking down ‘fake news’ provisions.

In its first-quarter technology and human rights digest released on Wednesday, Amnesty International called for urgent action to close remaining loopholes in the cybercrimes framework.

The Technology and Human Rights Digest shows the first quarter of 2026 has been defined by decisive legal blows to provisions previously used to silence dissent.

A pivotal moment occurred this quarter when the Court of Appeal struck down Sections 22 and 23 of the Computer Misuse and Cybercrimes Act as unconstitutional. 

For years, these sections granted the state broad powers to criminalise information deemed "false" or "misleading"—terms the report notes were never clearly defined. 

Amnesty asserts that this ambiguity was not accidental but rather designed to create a "chilling effect".

“People held back, activists self-censored and critics risked being targeted,” the organisation states in the digest. 

The Court of Appeal’s intervention this quarter struck down those provisions as unconstitutional.

The court also drew a constitutional line requiring that laws regulating speech be clear, necessary and proportionate. 

“It reclaims digital space as civic space. Online platforms are not just communication tools but spaces for organising, dissent and democratic participation.”

However, the victory remains partial. Amnesty warns that while one door has closed, other frameworks still permit surveillance and the potential misuse of digital evidence, prompting calls for a comprehensive review of all cybercrime provisions that threaten human rights.

The organisation called for a full review of all cybercrime provisions that threaten human rights, stronger safeguards against surveillance abuse and accountability for how digital laws are enforced in practice. 

“If we don’t act, the same patterns will reappear, just under different laws.”

Beyond the courtroom, the struggle for digital dignity has moved to communities. During World Privacy Week, sensitisation forums in Kwale and Nakuru counties sought to demystify data protection for citizens. 

These efforts culminated in the Data Privacy Conference 2026 in Mombasa, which operated under the theme ‘Trust the Data, Drive the Future’. 

Advocates argued that technological advancement must not come at the expense of human rights, stressing that "protecting data is protecting people".

“These engagements underscored the urgent need to anchor data governance in dignity and the rule of law, ensuring that technological advancement does not come at the expense of human rights.” 

The digest also highlighted growing youth-led momentum. Through the Privacy First campaigns— Jua Terms and Scroll Bila Troll—young leaders demanded safer digital spaces. 

“Youth are not passive users of technology. They are architects of the digital future.”

As the country enters an intense election season, the misuse of personal data has become a pressing concern. 

Citizens reported a flood of unsolicited campaign messages, leading to ‘Data Governance Cafés’ where experts unpack how voter data is exploited. 

Amnesty urged the public to shift from passive recipients to informed actors, demanding transparency from political parties.

“Across all these spaces, one thing became clear: while awareness is growing, many people are only just beginning to understand their data rights, even as violations continue to emerge.

“This is why the work cannot stop at awareness. It must be translated into action.”

Amnesty concluded that court victories must be defended and laws enforced with integrity.

“Technology should expand freedom, not silence it. Data should empower people, not expose them to harm. Digital rights are human rights and they demand constant defence.”