PRESS STATEMENT ON BROADCAST OF HATE SPEECH It has come to the attention of the Communications Authority of Kenya (CA) that some broadcast stations are taking advantage of the prevailing political situation in the country to air content containing hate speech or that may divide the country along ethnic lines. The Authority hereby wishes to remind broadcasters that the constitutionally guaranteed Freedom of Expression does not extend to spread of hate speech, propaganda for war, incitement to violence, advocacy of hatred that, among others, constitutes ethnic incitement, vilification of others persons or community or incitement to cause harm. Further, the Kenya Information and Communications (Amendment) Act, 2013, outlaws the airing of hate speech, or material that may incite ethnic violence or propagate war in the country. The ICT sector law obligates broadcasters to provide responsible and responsive programming that caters for the varied needs and susceptibilities of different sections of the Kenyan community. It also requires broadcasters to ensure that Kenyan identity is developed and maintained in programmes. In light of the foregoing, the Authority hereby wishes to call on the broadcast media to carry out their mandate of providing information, education and entertainment within the parameters of the law, failing which we shall be forced to take the necessary regulatory action, including withdrawal of frequencies from the offending stations. At the same time, the Authority wishes to remind members of the public that the limitations to freedom of expression highlighted above also apply to the conduct of individuals or groups of persons in cyberspace. Spread of hate speech, incitement to violence and advocacy of hatred that constitutes ethnic incitement or vilification of other persons or community in cyberspace/online (and indeed on any other platform) is unlawful and actionable in law. Mutua Muthusi Director/Consumer & Public Affairs For: DIRECTOR GENERAL
Posted on: Sun, 06 Jul 2014 12:44:02 +0000
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