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Kenya develops National Guidelines to tackle digital disinformation and hate speech
On 12 March 2025, the (NCIC) convened a one-day expert review session of the draft National Guidelines of Practice on Disinformation and Hate Speech. The proposed guidelines aim to establish clear guidelines for promoting online information integrity while upholding the constitutional freedoms guaranteed under Article 33 of Kenya’s 2010 Constitution, which provides for freedoms of speech and access to information.
The development of this Guidelines of Practice is a significant step as it will play a pivotal role towards curbing the harmful effects of misinformation, disinformation and hate speech on digital platforms in Kenya. This ongoing process reflects our shared commitment towards promoting online information integrity and protecting the rights of all Kenyans in the digital age
Additionally, the NCIC is current reviewing the National Cohesion and Integration Act (2008) to ensure it is responsive to emerging challenges to national unity and social cohesion in the digital age. The review will lay ground for ultimate implementation of the new guidelines of practice.
The Communications Authority recognizes the transformative power of digital technologies while also acknowledging the potential for misuse. This Guidelines of Practice is a crucial step in establishing a framework that fosters innovation responsibly, ensuring a safer and more inclusive digital environment for all Kenyans
While technological advancements have expanded access to information and communication, they have also increased the spread and impact of harmful content.
As we work towards an 'internet of trust,' digital platforms must respect human rights, promote transparency, and ensure accountability. This includes protecting fundamental freedoms of expression, access to information, and addressing harmful online content. UNESCO therefore hopes that this process will result in guidelines that strengthens information integrity and a healthy digital ecosystem in Kenya
The Guidelines of practice is grounded in several key principles including:
- Respect for human rights and fundamental freedoms,
- Transparency and accountability by tech companies, and
- Continuous multistakeholder engagement and cooperation.
- User Empowerment on Media and Information Literacy,
The responsibility of tech companies and social media providers to take the primary duty to proper action against harmful content cannot be gain said. Harmful content is a threat to young democracies like Kenya. Therefore, social media companies must be joined by civil society and MDAs, to work together in a multipronged approach to conclusively deal with the menace, through deliberate content moderation, partnerships, and digital education
The guidelines will align with national and international legal frameworks, including Kenya’s Constitution, the Kenya Information and Communications Act, and global instruments like the Universal Declaration of Human Rights (UDHR). It also compliments ongoing implementation of UNESCO’s Guidelines for the Governance of Digital Platforms which promote information integrity and safeguard human rights online.
We call for human rights centered approach in tackling disinformation and hate speech in Kenya that protects citizen’s freedom of expression online. This can be achieved through a multi-stakeholder model in policy and legislative processes, ensuring a robust business and human rights to guide companies on respect for human rights in their content moderation processes and digital literacy media training. ARTICLE 19 Eastern Africa is grateful for the opportunity to participate in this process and will continue to give technical expertise on balancing freedom of expression while addressing potentially harmful content online
This consultation brought together key stakeholders from the Communications Authority, Media Council of Kenya, Parliamentary Service Commission, Law Society of Kenya, Office of the Data Protection Commissioner, Internews, Article 19 Eastern Africa, and members of the in Kenya. It followed preliminary consultations held in January 2025 in Naivasha, marking a significant step in the development of the guidelines of practice.
This initiative is supported by UNESCO’s EU-funded Social Media 4Peace initiative, which aims to strengthen the resilience of societies to harmful content online, particularly hate speech inciting violence while protecting freedom of expression and promoting peace through digital technologies.
