The Communications Authority (CA) has cautioned all media houses in the country on compliance and regulatory requirements following the coverage of the antigovernment protests.
CA noted that the recent coverage of the anti -finance bill protests displayed the events including police brutality and death of protestors which might be insensitive to a section of the audience.
In a statement on July 17, CA acknowledged the media’s constitutional mandate to freedom of expression but warned against reporting that incites violence or spreads propaganda.
“Article 33(1) of the Constitution of Kenya provides that every person has the right to freedom of expression while Article 34(1) guarantees freedom and independence of the media,” CA Director General David Mugonyi said.
The regulator emphasized that this freedom does not extend to hate speech or incitement, as outlined in Article 33(2) of the Constitution of Kenya.
“However, the right to freedom of expression as well as the freedom and independence of the media does not extend 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),” the statement read.
Responsible Reporting on Protests
Referencing the constitution, Mugonyi reminded the media of the importance of accurate and responsible reporting, emphasizing the need to observe standards of good taste and decency.
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They also highlighted the necessity of making reasonable efforts to present alternative points of view, either within the same program or in other programs, particularly when discussing controversial or contentious public interest issues.
“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,” CA noted.
At the same time, the authority urged media houses to adhere to the Programming Code for Broadcasting Services 2024, ensuring that news, current affairs, and factual programs are presented with sensitivity.
This is particularly when the material is likely to cause distress to a substantial portion of the audience or family of the victims.
“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. 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,” the statement read in part.
CA Calls Out Media Houses
The Authority highlighted the recent coverage of the protests where the media displayed what was happening in various parts of the country.
According to Mugonyi, a section of licensed media houses compromised objectivity and balance in the reporting of crime, security operations and/or crisis situations.
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“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,” CA said.
As such, the authority called out the media terming such kind of conduct as a violation of Articles 33(2) and 34(1) of the Constitution.
“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,” CA concluded.
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