Communications Authority cautions media to be responsible in coverage of protests

The Communications Authority of Kenya (CA) has cautioned media houses in the country against broadcasting content surrounding the ongoing anti-government protests that it says violates the Constitution.

The warning comes in the wake of the nationwide protests that have resulted in violence, loss of lives, and property destruction, with CA saying the media is mandated with a critical role of maintaining public order and sensitivity.

CA Director General David Mugonyi, in a letter to newsrooms on Wednesday, emphasized that while Articles 33(1) and 34(1) of the Constitution of Kenya guarantee freedom of expression and media independence, the said rights do not extend to “propaganda for war, incitement to violence, hate speech, or advocacy of hatred.”

He went ahead to state that Section 461 of the Kenya Information and Communications Act, 1998 licenses broadcasters to provide responsible and responsive programming, uphold standards of good taste and decency, as well as gather and present news accurately and impartially.

“The Programming Code for Broadcasting Services 2024, requires broadcasters to ensure that the content of news, current affairs and factual programmes are presented with sensitivity in the case of material likely to cause some distress to a substantial number of the audience, such as televised images of dead or seriously wounded people or animals,” stated Mr. Mugonyi.

“Further, the code requires broadcasters to avoid inflicting undue shock and pain to families and loved ones of victims of crimes, crisis situations, disasters, accidents and other tragedies.”

He added: “Recent protests and ensuing violence, loss of lives and destruction of property have highlighted instances where licensed media entities have compromised objectivity and balance in the reporting of crime, security operations and/or crisis situations. The Authority, further noted with concern that some media entities aired images of dead and/or seriously wounded people without censoring or blurring out the images.”

The CA boss warned that any dissemination of content contrary to relevant legal provisions is unlawful and will result in enforcement actions.

He cautioned media houses to refrain from perpetuating violence that could lead to widespread civil unrest, reminding them of their obligation under Article 3(1) of the Constitution to respect, uphold, and defend the Constitution.

“All media houses are required to ensure that content aired adheres strictly to Articles 3(1), 33(2), and 34(1) of the Constitution, the Kenya Information and Communications Act, 1998, the Programming Code for Broadcasting Services, as well as the Preservation of the Public Security Act, 2012,” he stated.