By Jerameel Kevins Owuor Odhiambo
Artificial intelligence (AI) is transforming the world of journalism, media, and public information like a swift river reshaping a landscape. It brings incredible tools to tell stories faster and reach wider audiences, but it also stirs complex legal questions about press freedom, truth, and who controls the flow of information. This article dives into these issues with a legal perspective, using clear examples and fresh insights to make the topic engaging and thought-provoking. We’ll explore how AI impacts the media world, from newsrooms to government oversight, while keeping the language simple and the ideas rich.
AI is like a tireless assistant in modern journalism. It can write simple news stories, such as sports scores or weather updates, and analyze massive datasets to uncover hidden trends. For example, The Washington Post used an AI tool called Heliograf during the 2016 Olympics to produce hundreds of short articles about game results, freeing journalists to focus on deeper reporting. This technology saves time and money, but it introduces legal challenges. What happens if an AI writes something false that harms someone’s reputation? In 2020, a small Australian newspaper faced a lawsuit when its AI-generated article wrongly suggested a local official acted dishonestly. The court held the publisher responsible, but the case showed how tricky it is to apply old defamation laws to new technology. Who is at fault? The coder who built the AI, the editor who published the story, or the AI itself, which can’t think or apologize?
Press freedom, the right to report without interference, is also at stake. Laws like Article 19 of the Universal Declaration of Human Rights protect journalists’ ability to choose what stories matter. But when AI systems, often owned by big tech companies, decide which news gets seen on platforms like X, they can overshadow human editors. These algorithms prioritize stories that get clicks, not necessarily those that inform the public. This raises a legal question: does this control by AI limit free expression? Courts haven’t fully answered this, but a 2015 European case, Delfi AS v. Estonia, hinted that platforms might be responsible for what their systems promote. As AI takes a bigger role in newsrooms, laws may need to evolve to protect journalists’ independence while ensuring accountability for errors.
AI can spread lies faster than ever, threatening the truth that democracies depend on. Tools like deepfakes, AI-made videos that look real, can trick people into believing false stories. In 2023, a U.S. lawsuit targeted a social media platform after its AI boosted a deepfake video that defamed a public figure. The case was dismissed because of a law called Section 230, which says platforms aren’t liable for what users post. But this law, written before AI became widespread, doesn’t clearly address AI-generated content, leaving a gap in how we handle modern misinformation. This gap worries legal experts, who wonder if platforms should be responsible when their algorithms amplify harmful lies.
On the flip side, AI can fight misinformation. Tools like ClaimBuster scan speeches and flag false claims in real-time, helping journalists keep politicians honest. But even these tools aren’t perfect. In one early test, ClaimBuster mistakenly called a complex policy argument false, confusing readers instead of clarifying the truth. If AI fact-checkers make mistakes, who fixes them? There’s no clear legal rule for this, which can erode public trust in news. In Germany, a 2018 law called NetzDG forces platforms to remove illegal content, including false information, quickly. But when AI moderators are too strict, they sometimes block legitimate stories. In 2021, a German news outlet’s report on government corruption was briefly removed by an AI filter that mislabeled it as “hate speech.” This mistake shows how AI can accidentally silence important voices, raising concerns about press freedom and the need for transparent, fair rules.
In some countries, AI helps governments control what people say and read. In China, AI powers the Great Firewall, a system that blocks and filters online content. During the early days of COVID-19 in 2020, AI tools censored news about the virus, stopping journalists from sharing critical information. This violates international laws, like those in the International Covenant on Civil and Political Rights, which protect the right to share and receive information. When AI tracks and silences reporters, as seen in a 2022 report about surveillance in Xinjiang, it makes it nearly impossible for journalists to work freely.
Even in democracies, AI can be a problem. In 2019, India used AI facial recognition to monitor protesters, leading to lawsuits claiming it violated constitutional rights to free speech and assembly. The case is still in court, but it shows how AI can give governments tools to watch and control journalists, even in free societies. These examples highlight a legal challenge: how do we balance AI’s benefits, like improving public safety, with the risk of it being used to suppress the press? Laws need to set clear limits to prevent governments from using AI as an excuse to censor.
AI is changing how media makes money, which affects what news we see. Big tech platforms use AI to sell ads, earning billions while traditional newspapers struggle. In 2021, Australia passed a law forcing companies like Google to pay news publishers for their content, trying to level the playing field. But AI also decides which stories get attention online, often favoring flashy headlines over serious reporting. This hurts smaller news outlets, many of which closed in the UK in 2020 because they couldn’t compete with AI-driven ad systems. Legally, this raises questions about fair competition. The EU’s Digital Markets Act of 2022 aims to stop big platforms from dominating, but it’s too early to know if it will help diverse media survive.
When a few tech giants control AI and news distribution, it limits the variety of voices in the media a problem for press freedom. If algorithms bury stories from independent outlets, the public misses out on different perspectives. Some suggest laws to fund smaller newsrooms or break up tech monopolies, but these ideas are still being debated. The legal system needs to ensure that AI doesn’t let a handful of companies decide what the world reads.
AI is a powerful tool for media, but it’s like a river that can nourish or flood. It can help journalists uncover stories, like-however, it also risks limiting press freedom, spreading lies, and giving governments or corporations too much control. The law must keep up to protect the right to report and inform freely. For example, South Africa’s 2023 AI policy pushes for technology that respects human rights, a model other countries could follow. Ideas like requiring AI systems to explain their decisions or creating clear rules for AI mistakes are gaining traction, inspired by global guidelines like UNESCO’s 2021 AI Ethics Recommendation.
The future depends on laws that embrace AI’s benefits like translating news instantly or analyzing data for investigations while guarding against its dangers. As the poet John Milton once wrote, true freedom is the right to know and speak openly. The legal world must ensure AI serves this freedom, not stifles it, so the digital pen writes stories that enlighten rather than control.
The writer is a legal researcher and writer
Mt Kenya Times 
Dennis Dibondo