This archive report was first published on 21 September 2019.
Freedom of Expression in Kenya: A Double-Edged Sword ¶
As the Kenyan Constitution enshrines the freedoms of expression and media, it is essential to acknowledge that these liberties come with certain responsibilities.
Specifically, the freedom of expression in Kenya does not extend to propaganda for war, incitement to violence, hate speech, or advocacy of hatred, which constitute ethnic incitement and vilification of others.
Bloggers and media outlets must understand that their freedom of expression is not absolute and that they must respect the rights and reputations of others.
On September 21, 2019, Chief Justice David Maraga echoed sentiments of corporates and individuals unfairly accused of numerous ills by bloggers, alleging individuals who were unhappy with the effectiveness of The Judiciary were attacking the institution through false reports in blogs.
President Uhuru Kenyatta, in a mocking tone, told Maraga to develop thick skin because “his courts” declared illegal, laws proposed to tame bloggers.
As the situation stands, journalists and bloggers need to fully acquaint themselves with laws protecting their freedoms in order to thwart any attempt to infringe on these freedoms.
The public must also strive to know these freedoms and limits which the press must never cross in its duty to inform, educate, and entertain.
On the other hand, corporates like Cytonn Investments, Victoria Commercial Bank, HotPoint, and Diamond Trust Bank have decried unfair coverage and tarnishing of their brand names by bloggers, purportedly out to extort them or working for their competitors.
These organisations have come out to dismiss reports with one-sided accusations published in blogs and attempted to set the record right on key issues raised, but all this is after their brand names have been bruised.
Some damages are not fully reversible, and this means these organisations have been victims of abused freedoms of expression and media.
Just like mainstream media, which have been successfully sued for defamation (libel and slander), bloggers need to apologise, retract, and correct disinformation about brands whenever it is proven they anchored their articles on falsities.
Where brokering of truce with affected parties is impossible, then legal pursuits for justice need to be embraced.
As the author Milan Kiplagat highlights, journalists and bloggers need to enjoy the freedom of expression and freedom of media without necessarily infringing into individuals' rights of privacy, defaming, and denying sources a right of reply, thus damaging their reputations.
Opinions expressed in this article are solely that of the writer and do not necessarily represent the position of TUKO.co.ke.
