The Role of Media in Electoral Justice

ROLE OF THE MEDIA IN ELECTORAL JUSTICE
Since 1969, when the first general elections based on universal suffrage were held in Kenya, it is perceptible that the media wields a lot of power over the Kenyan electoral process. Media, in all its incarnations, has played a noteworthy role in Kenyan elections. This tract seeks to take a closer look at media, its role and impact in our elections.

It is important to identify all media outlets that Kenyans depend on for information. Firstly, we have mainstream media which refers to the printed press as well as radio and television broadcasters. This is one way Kenyans get their news to date. In recent years however, the media has become broader, encompassing online journalism and social media. Social media has become increasingly relied upon by the public as a source of information and news outside of mainstream media. Mainstream and social media are both substandard conveyers of fact because they decide what to share with the public and what political issues to emphasize, therefore limiting available information on other topics of equal importance. However, social media has been more vulnerable to abuse by their owners and by those who use them to air their views which is contrary to the Constitution under Article 33(2).

The media play a vital role in the proper functioning of a democracy. They do this by educating voters on how to exercise their democratic rights. The media is a competent public educator. Media ensures the public is educated in political agendas of all participating parties and candidates equally.  It is also an open forum for debate and discussion to ensure that voters can educate other voters, politicians, and officials. Media also educates through the transmission of voter information.  For instance, when media reports on an electoral event, details such as the location of voting sites, the necessity of voter registration, how the count will be conducted, and so forth, may be provided to the citizenry. According to “Media and Parliamentary Elections in Egypt: Evaluation of Media Performance in the Parliamentary Elections” Human Rights Movement Issues 26,
“The media plays a major role in keeping the citizenry abreast of current events and raising awareness of various issues in any society. It also has an extremely significant impact on the public’s views and way of thinking. The media is the primary means through which public opinion is shaped and at times manipulated. If this is the media’s role then in normal course of events, it becomes even more vital in exceptional periods, one of which is electoral junctures, when the media becomes a primary player. Elections constitute a basic challenge to the media, putting its impartiality and objectivity to the test. The task of the media, especially national media outlets, is not and should not be to function as a mouthpiece for any government body or particular candidate. Its basic role is to enlighten and educate the public and act as a neutral, objective platform for the free debate of all points of view.”

Creative use of social media for political campaigning continues to grow, and candidates and parties now use a full range of tools to woo voters. Many political parties and candidates of course have their own more-or-less sophisticated websites. Most of the vying candidates used viral advertisements which spread through online social media, as a key part of their campaigns in the same elections. Online campaign techniques differ not only in medium but also in message, tone, and timeframe. It appears that it is not so much the quantity of social media usage by candidates that appeals most to voters, but the quality and interactivity. This suggests that social media has provoked greater expectations of political candidates for direct interaction. Media campaigning often requires politicians to maintain social media presence between elections.

The media can be an inaccurate predictor of electoral outcomes. The losing presidential candidate in the recently concluded Kenyan general election received a higher percentage of votes on opinion polls than the winning candidate, unfortunately opinion polls certainly did not translate into electoral victory. Social media can also pose risks for candidates. There have been cases of candidates posting comments on social media forums that are malicious or tamper with their opponents’ campaign. It is prudent for stringent measures to be put across, so as to realize an abuse-free social media atmosphere, to ensure social media goes on with its watchdog role unruffled. As was the enunciated by former Chief Justice Willy Mutunga in the case Gitairu Peter Munya v Dickson Mwenda Kithinji & 2 Others [2014] eKLR duty-bearers, be they individual voters, political parties, agents, the media, IEBC, the Registrar of Political Parties, the Constitutional Commissions, the arms of the State, must all invest in emancipating and protecting the vote.

It is undoubtedly lucid that the media plays a pivotal role in our elections. The media therefore need to maintain a high level of professionalism, transparency and impartiality, as provided under article 34(4) of the Constitution the discharge of their duties.