Kenya Information and Communications Act

5B. Freedom of the Media

Edition: 2022-12-31 · In force

5B. Freedom of the Media

(1)The Authority shall, in undertaking its functions under this Act comply with the provisions of Article 34(1) and (2) of the Constitution.

(2)Subject to Article 24 of the Constitution, the right to freedom of the media and freedom of expression may be limited for the purposes, in the manner and to the extent set out in this Act and any other written law.

(3)A limitation of a freedom under subsection (2) shall be limited only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.

(4)The right to freedom of expression shall not extend to—

(a)the spread of propaganda for war;

(b)incitement to violence;

(c)the spread of hate speech; or

(d)advocacy of hatred that—

(i)constitutes ethnic incitement, vilification of others persons or community or incitement to cause harm; or

(ii)is based on any ground of discrimination specified or contemplated in Article 27(4).

(5)The Cabinet Secretary, in consultation with the Authority may make regulations for the better carrying out of the provisions of this section.[Act No. 1 of 2009, s. 6, Act No. 41A of 2013,s. 5, Act No. 25 of 2015, Sch.]

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Source: Kenya Law