This archive report was first published on 2 October 2019.
Published on October 2, 2019, a proposed bill has sparked concerns about online censorship in Kenya. The bill seeks to regulate social media platforms by introducing new sections to the Kenya Information and Communication Act (KICA).
The proposed amendments aim to license social media platforms, require users to share information, and create obligations for social media users. Additionally, the bill seeks to register bloggers and establish a bloggers' code of conduct, which will be developed in consultation with bloggers.
Some clauses in the bill explicitly state the intention to introduce online censorship. For instance, Section 84IC, part 1, requires social media users to ensure that their content does not degrade or intimidate recipients, is fair, accurate, and unbiased.
However, critics argue that these provisions are overly broad and could be used to stifle online freedoms. The bill proposes penalties for contravening these provisions, including fines of up to KES 200,000 or imprisonment for up to one year.
Experts point out that this is not the first attempt to constrain online freedoms in Kenya. During the deliberation of the Computer Misuse and Cybercrime Act (2018), MPs introduced clauses that restricted bloggers' freedoms, which are currently before court for adjudication.
Previous high court rulings have found sections of the KICA on 'misuse of telecommunication device' to be illegal and unconstitutional. It seems that the courts recognize that existing libel and hate speech laws are sufficient to protect individuals' reputations, rather than relying on draconian social media laws.
Despite this, the proposed bill has raised concerns about the government's understanding of Article 33 of the Constitution, which deals with freedom of expression.
Mr. Walubengo, a lecturer at Multimedia University of Kenya, Faculty of Computing and IT, has expressed his concerns about the bill, stating that it sends a chilling effect on online freedoms.
