Media law takes away right to information, other liberties

The Kenya Communications (Amendment) Act 2008 restricts the use of electronic gadgets for individual and business purposes.

The Postal Corporation of Kenya staff have the authority to open letters. Those whose letters are considered offensive or to contain obscene pictures will be liable to a Sh100,000 fine or two years’ imprisonment, or both.

Mobile phone owners are not allowed to change the facial appearance of their handsets or customise the phone features to their convenience. The law declares reprogramming of mobile phones illegal. You cannot even install fancy ringtones!

The law makes it mandatory for text messages to be traced to the original sender, especially if they are offensive or are considered obscene. An offender will be fined Sh300,000 or jailed for three years.

The new law empowers government officials to access contents of private emails. It is also an offence to share computer passwords, access codes, or any other means of gaining access to any programme or data.

The law has provisions for dealing with cybercrime and destruction of electronic records. The use of the words “letter box” on private buildings is illegal.

According to the law, any person who affixes any placard, advertisement, notice, document or in any way disfigures any post office will be liable to a Sh50,000 fine or jailed for one year, or both.

Privacy

The law enforces respect to the privacy of individuals. But the description of “privacy” could easily be misused by the government to bar the media from reporting on stolen property hidden in private residences.

The law states that efforts must be made to give alternative views in news, regardless of the importance of the stories. Derogatory remarks based on ethnicity, race, creed, colour and sex are not to be broadcast.