What changes are being proposed for live media coverage?
The Kenyan government has introduced new regulations to control live media broadcasts, sparking intense debate over press freedom and government overreach. The move follows the controversial June 25 blackout of major media houses during anti-government demonstrations. ICT Cabinet Secretary William Kabogo defended the shutdown, citing the need to protect children from violent scenes that were aired during the watershed period.
“Generally, the main reason for switching off was within the parameters of the watershed period. 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,” Kabogo said. He added that the initially peaceful protests became violent by Wednesday afternoon, prompting the Communications Authority to act.
Why is the proposal being challenged by lawmakers?
During his appearance before the National Assembly Committee on Delegated Legislation, Kabogo admitted that the legal framework around such decisions is unclear. “Situate it so that it is not left to the whims of the CS,” Kathiani MP Robert Mbui advised, while Mathare MP Anthony Oluoch added, “Provide for circumstances when livestream can be stopped and when it can’t be stopped.” Kabogo acknowledged the gap, saying, “I should be able to put it in black and white on which circumstances.”
The government is now racing to revise the proposed changes to ensure legal clarity and avoid arbitrary enforcement.
What do the new rules include, and how will they affect media houses?
Under Section 11 of the proposed amendments to the Media Council Act, all live broadcasts would be required to include a minimum seven-second delay. “Seven seconds is an international standard. In war reporting where the military is involved, 21 21-second to a minute’s delay is the minimum. It allows time for the editor to make a decision,” said Media Council of Kenya CEO David Omwoyo.
Additionally, the law would hold media outlets accountable for hate speech published or aired on their platforms. Violations could lead to hefty fines ranging from Ksh.200,000 to Ksh.1 million or jail terms of six months to one year. Media owners and managers would also face liability.
“For example, when the CS says you can shoot to kill and it is live, are they now responsible for that comment?” asked MP Robert Mbui, highlighting the legal grey area around accountability.
Interior CS Kipchumba Murkomen added fuel to the debate, blaming the media for allegedly inciting protesters. “Media houses became the centre of mobilization for some of these protesters,” he said.
By Risper Akinyi
