In an effort to strengthen its grip on the media, the government has imposed tough regulations on live broadcasts.
Some Members of Parliament have described the plans as draconian, with the goal of silencing the media. ICT Cabinet Secretary William Kabogo believes that the government was correct in shutting down media outlets on June 25th.Kabogo claims this was done to protect children from the violence that was being shown live on mainstream television stations.
A week after the government shut down all major media outlets in the country and suspended live streaming of the June 25th anniversary demonstrations.
The CS justified the measure, claiming that it was intended to protect minors from live broadcasts of fatalities, injuries, and property damage.
“Generally, the main reason for switching off was within the parameters of the watershed period,” said Kabogo.
“There was a lot of violence being aired on national TV, and the violence was aired when children and such like people are watching TV.” He added that the protests, which were largely peaceful, became out of control by Wednesday afternoon, prompting the Communications Authority to intervene.
“When the violence became too much, a committee responsible for advising me told me there was excessive violence on air,” he said.
However, the Cabinet Secretary failed to explain under which statute the instruction was made, admitting that there was a gap in current laws.
“Situate it so that it is not left to the whims of the CS,” said Kathiani MP Robert Mbui.
“Provide for circumstances when livestream can be stopped and when it can’t be stopped,” added Mathare MP Anthony Oluoch.
“I should be able to put it in black and white on which circumstances,” Kabogo admitted.
Kabogo stated to the National Assembly Committee on Delegated Legislation that the ministry was making a last-ditch effort to impose more rigorous regulations on live streaming media content.
Section 11 of the proposed amendments to the Media Council Act states: “A media enterprise shall incorporate a minimum seven-second delay in live broadcasts to prevent the unintended publication of material that violates this code.”
Media Council of Kenya CEO David Omwoyo said, “Seven seconds is an international standard. In war reporting where the military is involved, 21 seconds to a minute’s delay is the minimum. It allows time for the editor to make a decision.”
The regulations further state that: “A person subject to this Act shall be responsible for hate speech published or disseminated on their platform.”
The proposed law includes harsh sanctions for noncompliance. A person guilty of violating it faces a fine of between Ksh.200,000 and Ksh.1 million, or imprisonment for six months to one year. Media owners and managers will be held liable under the same conditions.
“For example, when the CS says you can shoot to kill and it is live—are they now responsible for that comment?” posed MP Robert Mbui.Interior Cabinet Secretary Kipchumba Murkomen blamed the media for escalating the tumultuous demonstrations a week earlier.“Media houses became the centre of mobilization for some of these protesters,” said Murkomen.The ministry has been asked to revise the legislation and present it again before it is implemented.The new regulations come as another measure to govern demonstrations is being prepared.
