NAIROBI, Kenya — The High Court has invalidated a section of the Kenya Information and Communications Act granting the Communications Authority of Kenya (CA) authority to set standards for broadcast content.
Justice Lawrence Mugambi found the provision unconstitutional, asserting that the Media Council of Kenya (MCK) is solely responsible for regulating media standards, including program oversight and content monitoring.
Justice Mugambi stated that while the CA retains the right to set licensing standards relevant to broadcasting, it must not encroach on MCK’s regulatory territory.
“A declaration is hereby issued that the broadcasting code for broadcast media as prescribed by the CA is unconstitutional, null, and void,” he ruled.
However, recognizing the importance of child protection in media, the court suspended the declaration for six months.
This pause, the judge noted, allows MCK time to establish age-appropriate standards to shield children and other vulnerable groups from harmful content.
“The court suspends the order declaring the CA’s broadcasting code unconstitutional for six months to protect children from inappropriate media content,” Mugambi emphasized.
The CA had argued that its programming code aimed to protect children, but the court maintained that intention alone does not justify infringing on constitutionally mandated roles.
Justice Mugambi underscored that ethical guidelines and child protections are the responsibility of MCK, as outlined in Article 34 of the Constitution, which safeguards media independence.
The case, initiated by the Kenya Union of Journalists in 2019, challenged the CA’s role in setting content standards.
The ruling is seen as a reaffirmation of MCK’s role as the primary regulator of media standards, bolstering media independence in Kenya’s regulatory landscape.
Justice Lawrence Mugambi found the provision unconstitutional, asserting that the Media Council of Kenya (MCK) is solely responsible for regulating media standards, including program oversight and content monitoring.
Justice Mugambi stated that while the CA retains the right to set licensing standards relevant to broadcasting, it must not encroach on MCK’s regulatory territory.
“A declaration is hereby issued that the broadcasting code for broadcast media as prescribed by the CA is unconstitutional, null, and void,” he ruled.
However, recognizing the importance of child protection in media, the court suspended the declaration for six months.
This pause, the judge noted, allows MCK time to establish age-appropriate standards to shield children and other vulnerable groups from harmful content.
“The court suspends the order declaring the CA’s broadcasting code unconstitutional for six months to protect children from inappropriate media content,” Mugambi emphasized.
The CA had argued that its programming code aimed to protect children, but the court maintained that intention alone does not justify infringing on constitutionally mandated roles.
Justice Mugambi underscored that ethical guidelines and child protections are the responsibility of MCK, as outlined in Article 34 of the Constitution, which safeguards media independence.
The case, initiated by the Kenya Union of Journalists in 2019, challenged the CA’s role in setting content standards.
The ruling is seen as a reaffirmation of MCK’s role as the primary regulator of media standards, bolstering media independence in Kenya’s regulatory landscape.
