Communications Authority Warns Media Against Airing Sensitive Content From Protests
By Shadrack Nyakoe
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 Communications Authority saying the media is mandated with a critical role of maintaining public order and sensitivity.
The Communications Authority of Kenya boss David Mugonyi warns that any dissemination of content contrary to relevant legal provisions is unlawful and will result in enforcement actions.
In a press statement Mugonyi stated that the constitution allows the freedom and independence of media which does not extend to to propaganda for war, incitement to violence, hate speech or advocacy of hatred that constitutes vilification of others or incitement to cause harm or that is based on any ground of discrimination, as encapsulated in Article 33(2).
“Section 461 (1)(a), (c), (d) and (e) of the Kenya Information and Communications Act, 1998 requires all licensed broadcasters to provide responsible and responsive programming, observe standards of good taste and decency, gather and present news and information accurately and impartially and make reasonable efforts to present alternative points of view either in the same programme or in other programmes within the period of current interest, when controversial or contentious issues of public interest are discussed. 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.” Read the statement in parts. “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 adds that 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 an crisis situations.
“The Authority, further noted with concern that some media entities aired images of dead and seriously wounded people without censoring or blurring out the images. The said conduct is in violation of Articles 33(2) and 34(1) of the Constitution, the Kenya Information and Communications Act, 1998, Programming Code for Broadcasting Services as well as the Preservation of the Public Security Act, 2012,” stated the Authority.
