The Media Council Act of 2013 is undergoing a comprehensive legislative review aimed at modernizing the media’s regulatory framework to accord with the digital era, artificial intelligence (AI), and evolving media practices.
Media Council of Kenya (MCK) alongside the Ministry of Information, Communication and the Digital Economy is fast-tracking the legislative overhaul to replace the outdated 2013 framework through the Media Bill, 2026.
The core mandate of the MCK is to set, regulate, and monitor media standards, and to protect media freedom and independence.
Key areas targeted for review include digital media expansion, dispute resolution overhaul, strengthening ethical code and enhanced child protection.
The review among other things also seeks to modernize media regulations to address structural gaps, protect press freedom, and govern the ever-revolving digital landscape.
Christine Nguku, Assistant Director, Media Training and Curriculum Development at the MCK underscored the need to overhaul the MCK legal architecture to address the sweeping digitization of media and the broader tech landscape.
MCK has held a public and stakeholder participation forum at City Blue Creekside Hotel in Mombasa on the proposed amendments to the Media Council Act, Cap.411(B).
The forum heard that while digital technology has democratized content creation and enabled broad access to information, it has simultaneously introduced complex structural, ethical, and societal challenges.
Participants were taken through the evolution of media law and ethics, focusing on the historical context of press freedom and the legal framework governing the media industry.
Nguku, a veteran journalist, says the review targets crucial legislative amendments targeting digital platforms and internet-based media convergence over and above the traditional print and electronic media.
“As MCK we are holding a series of stakeholder forums across the country in a bid to gather feedback on the media act amendment,” she said.
She said the MCK and the Ministry of ICT are currently engaged in public and stakeholder participation to refine the draft bill before its formal ratification in the National Assembly.
“The overhaul ensures that regulatory gaps which emerged after certain clauses of previous broadcasting codes were declared unconstitutional by the High Court are permanently resolved,” she said.
The High Court sitting in Nairobi in 2024 declared the Communications Authority of Kenya’s (CA) broadcasting and programming code unconstitutional in a judgement delivered by Justice Lawrence Mugambi.
Terence Minishi, MCK Manager, Regulatory Affairs said the high court declared the CA broadcasting and programming code unconstitutional because they overlapped with the MCK mandate.
“Justice Lawrence Mugambi ruled that sections 46A(i), (j), and 46H (1) of KICA unconstitutionally overlap with the exclusive mandate of the MCK,” he said prompting the current review process.
He stated that the review addresses rapid digital transformation, the rise of content creation, and emerging algorithmic and AI challenges.
Minishi said in view of the dynamic nature of media in the digital era and its ongoing evolution, there is a need to periodically review regulations governing the industry.
The two MCK officials urged journalists to rapidly adapt to technological shifts as artificial intelligence and algorithm-driven digital platforms reshape how the public accesses information.
The media experts said journalists must embrace the changes in information technology and adapt their work accordingly.
“Journalists must adapt to digital technology while upholding ethical standards to maintain public trust and relevance in a rapidly evolving media ecosystem,” said Nguku.
Maureen Mudi, Coast Region Coordinator for the MCK, said journalists must embrace AI while creating value through credible reporting to remain relevant in the fast-changing media landscape.
“Journalists should explore how they can maximize the abundant opportunities found in AI without compromising professional ethics,” she said.
MCK core functions include regulation and standards by prescribing and enforcing professional and ethical standards for journalists and media practitioners through the code of conduct for the practice of journalism, accreditation and registration of journalists and maintaining registers of journalists, media enterprises, and approved journalism training institutions.
Other functions include safeguarding freedom by protecting the rights and safety of journalists in the line of duty, dispute resolution by facilitating mediation and resolving complaints between the public, the government, and media organizations.
by Hussein Abdullahi
