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Cybercrime law does not prohibit free speech but protects vulnerable groups, Principal Secretary clarifies

The government has clarified that the Computer Misuse and Cybercrimes (Amendment) Act 2025 has no provisions that stifle free speech, but is designed to protect families and vulnerable persons from harmful online content, violent extremism and cultism.

Principal Secretary State Department for Broadcasting and Telecommunications Steve Isaboke indicated that while Kenya’s digital revolution had brought immense benefits in education, commerce and communication, it had also exposed society to cyberbullying, child pornography, online radicalization and misinformation.

The PS made the clarification in a speech read on his behalf by Secretary for Information and Broadcasting in the Ministry of ICT and Digital Economy Mr. Temesi Mukani during this year’s commemoration for the International Day to End Impunity for Crimes against Journalists held in Nakuru.

He affirmed that the government remained committed to fostering a safe and conducive environment for media freedom and responsible journalism.

The PS cited female journalists in Kenya whom he said were increasingly finding themselves on the frontlines of online harassment and warned that if unchecked, digital abuse could silence women’s voices and weaken democracy.

He noted that while presenting new opportunities, technological advancements simultaneously engendered vulnerabilities especially for women journalists who frequently encountered online harassment.

“A free, independent and secure media constitutes the bedrock of democracy and effective governance,” added the PS.

This year’s global commemoration, themed “Chat GBV: Raising Awareness on AI-facilitated Gender-Based Violence against Women Journalists,” highlights how emerging technologies are being weaponized to silence and intimidate women in the media.

According to UNESCO, nearly three-quarters of women journalists’ worldwide report having faced online threats, intimidation, or insults linked to their work. These virtual attacks often escalate into real-world danger, creating a climate of fear that restricts public discourse and deters women from fully participating in journalism.

With regard to the Computer Misuse and Cybercrimes (Amendment) Act 2025, Mr Isaboke pointed out that Kenya’s legislation borrows from international best practices seen in countries such as the United States of America, France, Australia and the United Kingdom which have enacted similar laws to protect minors and families.

He said that Parliament had undertaken proactive reviews and amendments to the Act throughout last year and this year to augment Kenya’s capacity to deal with technology enabled offences.

“The Ministry acknowledges the various dynamics across the law and is optimistic that a consensus will be reached to give Kenyans a good law that serves the public interest in the best way possible,” Isaboke said.

“We cannot look the other way while our children and vulnerable persons are exposed to inappropriate content. The moral foundation of our society is at risk of fragmentation if digital spaces are not regulated,” the PS added.

The Computer Misuse and Cybercrimes (Amendment) Act 2025 was signed into law by President William Ruto on October 15, 2024.

The law effective November 4, 2025, updates the 2018 Act to tackle emerging cyber threats, strengthen digital safety, and clarify court oversight of cyber offenses.

The Bill was first introduced in Parliament on November 24, 2024 by Wajir East MP Mohamed Aden Daudi and later sent to the Departmental Committee on Communication, Information and Innovation for public consultation.

The amendment comes amid the rapid growth of Kenya’s digital space, which has seen a rise in cyber fraud, identity theft, cyberbullying, child exploitation, and misuse of virtual assets.

The Principal Secretary stated that the law comes at a crucial time as Kenya accelerates the growth of its Digital Economy through the Digital Superhighway.

He pointed out that the law introduces stricter penalties for serious offenses, including cyber fraud, hacking, identity theft, cyber harassment, and exploitation of minors.

“Social media use remains protected. Criticism, opinion, or satire of the government is not an offense under the law. The use of digital platforms to commit or promote criminal activity, such as spreading terrorism content, impersonating others, or unlawfully leaking private data, is punishable,” Isaboke said.

The Principal Secretary assured that freedom of expression remains guaranteed under the Constitution, with the law targeting criminal misuse of technology.

He observed that under the digital superhighway programme, the government had prioritized substantial investments in the digital infrastructure through extensive fibre optic deployment, established public Wi-Fi hotspots and created digital hubs and studio across all the 290 constituencies to broaden access to internet and bolster local content creation.

He disclosed that the State was working on new policy frameworks to regulate the media and digital infrastructure within the dynamic and ever evolving on-line landscape.

“The Ministry has promulgated a draft and final instrument to align communication media and digital policy with national development priorities. This process seeks to enhance public communication, fortify information integrity and sustain the media sector,” stated the Principal Secretary.

Isaboke also affirmed that the government recognized the necessity of a robust ethical framework for media practice noting that a new code of conduct for media practice was gazetted in May this year and establishes modern standards for media practice in the digital era including directives on content and ethical responsibilities.

The Principal Secretary said law enforcement and regulatory bodies were realigning their operations and practices with the new legal instruments to ensure reported violations against journalists are rigorously investigated and where warranted, prosecuted.

He indicated that access to information represented a fundamental pillar of accountability, noting that the Access to Information Act 2016 enshrines citizens’ legal entitlement to request and receive public information, serving as a vital mechanism for transparency and oversight.

He urged for comprehensive compliance by public institutions to enable journalists and citizens exercise their rights effectively.

Dissemination of harmful content and the exposure of children and vulnerable individuals to unsafe on-line material is a matter of grave concern to the government, the PS added.

He pledged that the government would continue collaborating with media outlets, civil society groups, religious institutions and academia to enhance digital literacy, implement age-appropriate safeguards and define content moderation strategies that protect minors without impeding the art.

“No solitary agency can navigate the complex web of digital harms or guarantee safety in isolation. We shall continue to work with Media Council of Kenya (MCK), Communication Authority of Kenya (CAK), County Governments and private sector to devise pragmatic measures. This will range from digital safety training to streamlined reporting and referral mechanisms for victims of online abuse,” Isaboke indicated.

The Principal Secretary noted that combating impunity against journalists called for collective accountability adding that attacks against newsmen whether perpetrated physically or online must be thoroughly investigated and subsequently prosecuted where evidence substantiates such action.

In his remarks, Mukani said the Ministry had prioritized the access to information policy which was with the Cabinet Secretary at the National Treasury from where it would be forwarded to the Attorney General before it goes before Cabinet for approval.

Mukani added that to harmonize government communications, the Ministry had also drafted the national communication policy which was also at the National Treasury.

“Both National Communication Policy and National Communication Strategy are underway and seek to streamline government communications and introduce reinforced structures, apportion responsibility and set up specific deliverables for specific agencies,” he elaborated.

The Information Secretary said the government of Kenya was actively working to streamline and transform its national broadcaster, the Kenya Broadcasting Corporation (KBC), through a series of reforms which he said were aimed at transforming KBC to align with changing technological trends and the new digital era, enabling it to be more competitive in the modern media landscape.

He added that the state was modernizing the Kenya News Agency (KNA) as part of a broader effort to revolutionize and centralize government communication, aiming to make it the primary disseminator of the government’s development agenda.

The restructuring according to Mukani is linked to the new National Communication Policy, which seeks to create a more coordinated and unified voice for government communications across all ministries and agencies, and the KNA will play a crucial role in achieving this.

By Esther Mwangi and Dennis Rasto

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