Cybercrime Law Does Not Prohibit Free Speech But Protects Vulnerable Groups, Principal Secretary Clarifies

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Nairobi: The government has clarified that the Computer Misuse and Cybercrimes (Amendment) Act 2025 includes no provisions that stifle free speech and is instead designed to protect families and vulnerable persons from harmful online content, violent extremism, and cultism. Principal Secretary of the State Department for Broadcasting and Telecommunications, Steve Isaboke, highlighted that while Kenya’s digital revolution has brought immense benefits in education, commerce, and communication, it has also exposed society to cyberbullying, child pornography, online radicalization, and misinformation.

According to Kenya News Agency, the clarification was made during this year’s commemoration for the International Day to End Impunity for Crimes against Journalists, held in Nakuru, in a speech read on behalf of Isaboke by Secretary for Information and Broadcasting in the Ministry of ICT and Digital Economy, Mr. Temesi Mukani. The government remains committed to fostering a safe and conducive environment for media freedom and responsible journalism.

Isaboke pointed out that female journalists in Kenya are increasingly finding themselves on the frontlines of online harassment and warned that if unchecked, digital abuse could silence women’s voices and weaken democracy. While technological advancements present new opportunities, they also engender vulnerabilities, especially for women journalists who frequently encounter online harassment.

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 facing online threats, intimidation, or insults linked to their work, often escalating into real-world danger.

With regard to the Computer Misuse and Cybercrimes (Amendment) Act 2025, Isaboke noted that Kenya’s legislation borrows from international best practices seen in countries such as the United States, France, Australia, and the United Kingdom, which have enacted similar laws to protect minors and families. Parliament has undertaken proactive reviews and amendments to the Act to enhance Kenya’s capacity to deal with technology-enabled offenses.

The Computer Misuse and Cybercrimes (Amendment) Act 2025 was signed into law by President William Ruto on October 15, 2024, and will be effective from November 4, 2025. It updates the 2018 Act to tackle emerging cyber threats, strengthen digital safety, and clarify court oversight of cyber offenses. 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.

Isaboke assured that freedom of expression remains guaranteed under the Constitution, with the law targeting criminal misuse of technology. He emphasized the importance of regulating digital spaces to protect children and vulnerable persons from inappropriate content. The government is also prioritizing investments in digital infrastructure to broaden internet access and bolster local content creation.

The Principal Secretary disclosed that the State is working on new policy frameworks to regulate the media and digital infrastructure within the dynamic and ever-evolving online landscape. A new code of conduct for media practice was gazetted in May this year, establishing modern standards for media practice in the digital era, including directives on content and ethical responsibilities.

Isaboke also stressed the need for comprehensive compliance by public institutions to enable journalists and citizens to exercise their rights effectively. Dissemination of harmful content and the exposure of children and vulnerable individuals to unsafe online material is a matter of grave concern to the government.

Mukani added that the Ministry has drafted the national communication policy, currently at the National Treasury, to streamline government communications. The government is also working to transform its national broadcaster, the Kenya Broadcasting Corporation, and modernize the Kenya News Agency to centralize government communication and make it the primary disseminator of the government’s development agenda.

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