This archive report was first published on 24 September 2019.
Kenya's digital media landscape is set for a major overhaul, courtesy of a proposed law that seeks to regulate social media platforms and bloggers.
The Kenya Information and Communication (Amendment) Bill, 2019, tabled by Malava MP Moses Injendi, aims to bring social media administrators under the Communications Authority of Kenya's (CAK) purview.
Under the proposed law, social media group administrators will be required to obtain a licence from CAK, which will involve setting up a physical office in the country, registering users using legal documents, and collecting and storing user data.
They will also be expected to ensure that all content published on their platforms is fair, accurate, and unbiased, and that users are of the age of majority.
Administrators will also be required to notify CAK of their intentions to form a group platform, approve members, and control undesirable content.
Those who contravene these provisions will face a fine not exceeding Ksh 200,000 or an imprisonment term not exceeding one year.
Bloggers will also be required to seek licences from CAK, with those found guilty of blogging without a licence facing a fine not exceeding Ksh 500,000 or an imprisonment term not exceeding two years.
The proposed law has sparked concerns about the government's intentions to stifle free speech and expression in the country.
It is worth noting that this is not the first attempt to regulate social media in Kenya, with the government enacting the Computer Misuse and Cybercrimes Act last year.
However, sections of the law were suspended by a High Court judge after the Bloggers Association of Kenya (BAKE) sued the government, citing a violation of fundamental rights and freedoms.
