The High Court has invalidated parts of the law that granted the Communication Authority (CA) extensive control over broadcast content.
Justice Lawrence Mugambi delivered the verdict, labelling the government’s move as censorship and a violation of the independence guaranteed to the press by Article 34 of the Constitution.
This landmark decision arose from a case brought by the Kenya Union of Journalists (KUJ), which contended that the Kenya Information Communication (Broadcasting) Regulations of 2009 improperly conferred sweeping powers to the CA.
The authority argued that its regulations were necessary to protect children from exposure to inappropriate content. However, Judge Mugambi countered that such governmental interference undermines the principles of a free and independent media.
“The government’s attempt to control media content is adversative to the independence of the media,” the judge stated. He insisted that oversight of media standards should reside exclusively with the Media Council of Kenya (MCK), which is empowered to set ethical guidelines for journalism.
KUJ highlighted that the areas addressed by the CA were already covered under the existing Code of Conduct for Journalism, asserting that the CA’s regulations risked imposing vagueness and uncertainty, ultimately placing journalists in jeopardy of undue complaints.
In his ruling, Mugambi granted the Media Council a six-month timeframe to establish effective regulations designed to safeguard vulnerable audiences, particularly children, from harmful content. This decision marks a tangible victory for media advocates, reinforcing the necessity for an independent press free from government interference.
