• Latest
  • All
  • How To
kenya hate speech

The Other Side of the CA Kenya – NCIC Hate Speech Guidelines

August 1, 2017
Emergency SMS alerts

Government Emergency SMS to Bypass DND and Opt-Out Requests for El Niño Alerts

October 3, 2026
AppBlock: The App That Blocks Apps, Including the One You Use to Uninstall It

AppBlock: The App That Blocks Apps, Including the One You Use to Uninstall It

October 2, 2026
Safaricom AI Pay Lets M-PESA Users Scan Receipts to Pay Instead of Typing PayBill Numbers

Safaricom AI Pay Lets M-PESA Users Scan Receipts to Pay Instead of Typing PayBill Numbers

October 2, 2026
Airtel Money

Airtel Money Valued at $7 Billion Ahead of London IPO Listing

October 1, 2026
DHgate Tablet Cases deals
Safaricom-PesaPal

Safaricom and Pesapal Expand Digital Payments With Scan to Pay and Tap to Pay

October 1, 2026
Copia Global

Copia Kenya Ordered Into Liquidation After Two-Year Rescue Effort

September 30, 2026
CBK Licenses 29 New Digital Lenders, Bringing Total to 281

CBK Licenses 29 New Digital Lenders, Bringing Total to 281

September 30, 2026
M-Pesa and Airtel Money

New Bill Could Let M-Pesa and Airtel Money Invest Customer Funds

September 30, 2026
Hackers Are Hijacking Cloud Accounts to Run AI Models on Someone Else’s Bill

Hackers Are Hijacking Cloud Accounts to Run AI Models on Someone Else’s Bill

September 28, 2026
WhatsApp Business to Charge for Service Messages Above 1,000

WhatsApp Business to Charge for Service Messages Above 1,000

September 28, 2026
WSO2Con Africa 2026

WSO2 Hosts First WSO2Con Africa in Nairobi

September 25, 2026
Huduma centers

Kenya Has 22,000 Digital Services but Still Face a Manual Backend

September 23, 2026
Techweez | Tech News, Reviews, Deals, Tips and How To
  • News
  • Entertainment
  • Reviews
  • Features
  • Editorial
No Result
View All Result
Techweez | Tech News, Reviews, Deals, Tips and How To
  • News
  • Entertainment
  • Reviews
  • Features
  • Editorial
No Result
View All Result
Techweez | Tech News, Reviews, Deals, Tips and How To
No Result
View All Result

The Other Side of the CA Kenya – NCIC Hate Speech Guidelines

June Okal by June Okal
August 1, 2017
in Editorial
Reading Time: 4 mins read
258
1
kenya hate speech

IMG Credit: IDGconnect

kenya hate speechMuch has been said about the recently published Hate Speech Guidelines from the Communications Authority in partnership with the National Cohesion and Integration Commission. These Guidelines are on the Prevention of Dissemination of Undesirable Bulk and Premium Rate Political Messages and Political Social Media Content via Electronic Communications Networks. You can access them here.

The main reason for the interest on these rules is the purported liability for social media platform administrators. That it shall be the responsibility of the Administrator of a social media platform to moderate and control undesirable content and discussions that have been brought to their attention on their platform. You can read more on that here and here. The key concern is practical enforceability of this particular provision.

Notwithstanding, there is another neglected angle to the Guidelines; that is the Consumer Protection and Data Protection aspect.

The Communications Authority of Kenya (CA) is the regulatory Authority for the ICT industry in Kenya with responsibilities in telecommunications, e-commerce, broadcasting and postal/courier services. CA is also responsible for the protection of all users of telecommunications services with respect to prices, quality and variety.

What it Means

Customer means a user of communication services – practically every Kenyan with a mobile device

Hate Message means a message designed to degrade, intimidate or incite to violence or prejudicial action against a person or group of people based on their race, gender, ethnicity, nationality, religion, political affiliation, language, ability or appearance;

Political Messages mean content of a political nature originated by Political Parties and other individuals to the general public by SMS, MMS, premium messages, caller ring back tones, social media platform or any other similar medium that is capable of transmitting bulk content

Content

Political Messages must bear the name of the Political Party or individual disseminating the Political Message. They should not contain offensive, abusive, insulting, misleading, confusing, obscene or profane language. In addition to this, they should not contain inciting, threatening or discriminatory language that may or is intended to expose an individual or group of individuals to violence, hatred, hostility, discrimination or ridicule on the basis of ethnicity, tribe, race, colour, religion, gender, disability or otherwise.

Further, political Messages shall not contain attacks on individual persons, their families, their ethnic background, race, religion or their associations. This limits cyberbullying which has been on the increase especially during the elections season.

Delivery Method

The guidelines indicate that for the purpose of accountability, Political Messages will only be delivered through licensed Content Service Providers (CSPs) who have direct inter-operability agreements with a Mobile Network Operator or a Mobile Virtual Network Operator. (MNO/MVNO)

Pre – Deployment Process

The guidelines introduce strict pre – deployment processes that must be adhered to by the content service providers. This includes the need to lodge an application to the Mobile Network Operator or the Mobile Virtual Network Operator at least forty-eight (48) hours before sending the message. Additionally, the lengthy list of requirements to be met would be deterrent to sending of inciteful or hateful messages.

Power of the Service Provider

The Guidelines give power to the MNO/MVNO by giving them the right to refuse the transmission of a proposed Political Message over its network that it views not to be in compliance with the law. This means if a Party for instance, Chama Chema attempts to send an annoying message, Safaricom or Airtel can simply refuse to facilitate the same thus curbing the spread of the same.

Avoid Tribal Undertones

Furthermore, to curb the spread of improper messages founded on tribal undertones all Bulk, premium rate messages and political CRBTs must be communicated in English and Kiswahili language only.

Timelines

Additionally, Bulk or Premium Rate Content may only be sent out during the day between the hours of 08:00hrs and 17:00hrs.

Unsolicited messages

CSPs are prohibited from sending unsolicited Bulk or Premium Rate Content to customers who have not subscribed for the service and must ensure that all recipients of Political Messages have opted into the service.

Such opt in will require the express consent of the recipients and opt-out procedures must be clearly notified to customers, kept functional at all times and should be free-of-charge.

Just to show how serious this is being taken, Content Service Providers must produce evidence of such consent immediately upon request by MNOs or MVNOs or any other concerned governmental body or regulator.

Meaning, if you raise a complaint for a text message you received without subscription (we have all received those ones), the sender may be called upon to show how you gave consent through alleged subscription.

Data Protection

Content Service Providers shall take legal responsibility for the content of Political Messages despite the messages not being necessarily theirs. This raises the bar because knowing that they will be held liable for content provided through their platform means they will closely and more keenly watch the content they’re given to disseminate.

Also, these providers are all expected to strictly adhere to the law regarding the use of customer databases. . Any unauthorized use, sharing or sale of existing customer databases for purposes of sending out Political Messages, Poll Tracking and lobby activities may lead to the immediate suspension of the inter-operability agreement between the Content Service Provider and the mobile network operator. Such suspension essentially means the CSP cannot effectively run any business operations because they wouldn’t have an access method to the consumers.

Truth

Kenya doesn’t have a Data Protection law and Consumer Awareness is very low. Most of us rarely complain beyond social media rants and end up being aggrieved and very infuriated. These Guidelines are timely and are a step in the right direction in terms of these two factors.

Tags: Data Protection
SendShare146Tweet92
June Okal

June Okal

'I speak legalese, understand the tech and hack the law.' June Okal is a legal professional in Technology, Media and Telecommunications Law Practice and Co - Organizer of Nairobi Legal Hackers. Her focus areas are Innovation, Intellectual Property and Internet Governance.

Related Posts

An Uber Chap-Chap in Kenya

Kenya High Court Blocks 18% Commission Cap for Uber and Bolt

September 3, 2026
Inside Taifa Care, Kenya’s Plan to Track Pregnancy, Birth and Child Health With AI

Inside Taifa Care, Kenya’s Plan to Track Pregnancy, Birth and Child Health With AI

August 25, 2026
Cyber Cafe

Cyber Cafe Users in Kenya Must Now Show ID Under New Rules

August 13, 2026
Parliament Advances Bill to Meter and Track Your Internet Usage

Parliament Advances Bill to Meter and Track Your Internet Usage

July 5, 2026
Anthropic

Claude Users Could Be Asked for Government IDs Under New Anthropic Policy

June 24, 2026
Big Brother is Watching as Kenya Joins the CCTV Surveillance Club

Big Brother is Watching as Kenya Joins the CCTV Surveillance Club

June 16, 2026

Latest

Emergency SMS alerts

Government Emergency SMS to Bypass DND and Opt-Out Requests for El Niño Alerts

October 3, 2026
AppBlock: The App That Blocks Apps, Including the One You Use to Uninstall It

AppBlock: The App That Blocks Apps, Including the One You Use to Uninstall It

October 2, 2026
Safaricom AI Pay Lets M-PESA Users Scan Receipts to Pay Instead of Typing PayBill Numbers

Safaricom AI Pay Lets M-PESA Users Scan Receipts to Pay Instead of Typing PayBill Numbers

October 2, 2026
Airtel Money

Airtel Money Valued at $7 Billion Ahead of London IPO Listing

October 1, 2026
Safaricom-PesaPal

Safaricom and Pesapal Expand Digital Payments With Scan to Pay and Tap to Pay

October 1, 2026
Copia Global

Copia Kenya Ordered Into Liquidation After Two-Year Rescue Effort

September 30, 2026

Best devices

Best Infinix Phones of 2025

Best Infinix Phones of 2025: Budget Prices With Premium Features

December 31, 2025

The Best Infinix Accessories Worth Buying in 2025

November 26, 2025

Best Budget Wireless Earbuds To Buy in Kenya (2025)

October 8, 2025

Samsung Galaxy A36 5G vs Samsung Galaxy A56 5G: Comparison Review

August 29, 2025

Infinix Hot 60 Pro+ vs Infinix Hot 60i: Comparison Review

August 22, 2025

Best Budget Smartwatches To Buy in Kenya 2025

February 13, 2025

Techweez is where tomorrow’s tech stories break today, thanks to intelligent analysis, real-world insight, and visionary storytelling.

Follow Us

Editorials

AppBlock: The App That Blocks Apps, Including the One You Use to Uninstall It

Yubo: The App That Went From Tinder for Teens to 60 Million Users

Tangle Is What Happens When Texting Meets a Phone Call

Absa Next Is Building Something Different From a Banking App

Flighty App: A Flight Tracker With an Early Warning System

Convos Wants to Be the First Messaging App Built for the Age of AI

More News

CBK Licenses 29 New Digital Lenders, Bringing Total to 281

New Bill Could Let M-Pesa and Airtel Money Invest Customer Funds

Hackers Are Hijacking Cloud Accounts to Run AI Models on Someone Else’s Bill

WhatsApp Business to Charge for Service Messages Above 1,000

WSO2 Hosts First WSO2Con Africa in Nairobi

Kenya Has 22,000 Digital Services but Still Face a Manual Backend

  • Terms Of Use
  • Techweez Brand
  • Privacy & Policy
  • Contact Us

© 2024 Techweez - Palahala Media Group may earn a commission when you buy through links on our sites.
A Palahala Media Group Brand. All rights reserved.
.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

Techweez | Tech News, Reviews, Deals, Tips and How To
Crunchy Cookies 🍪 Ahead!

Hey there! Just a heads-up: we're big fans of cookies - both the digital and edible kind! 🍪 We use our cookies and some from third parties to ensure your browsing experience on our site is smooth sailing and secure.

 

But wait, there's more! We also use cookies to gather stats and insights on how you navigate our site. It's like getting a behind-the-scenes peek at your digital adventures!

 

Don't worry, you're in control. You can adjust your cookie settings anytime to suit your preferences. Feeling curious? Dive into our Privacy Policy for all the juicy details. Happy browsing! 🚀

Functional Always active
Listen, this legal stuff is about as exciting as watching paint dry. But it basically says we only use your stuff for what you asked us to do, and nobody else gets to peek!
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
It's those sneaky cookie crumbs websites leave behind to count visitors, like counting ants at a picnic! Totally harmless, just for fun facts. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
Hey there! Just letting you know we use some fancy gizmos to remember your preferences. This way, we can show you ads that are, well, not completely bananas.
Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
Make cookies
{title} {title} {title}
Techweez | Tech News, Reviews, Deals, Tips and How To
Crunchy Cookies 🍪 Ahead!
To provide the best experiences, we use technologies like cookies to store and/or access device information. Consenting to these technologies will allow us to process data such as browsing behavior or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional Always active
Listen, this legal stuff is about as exciting as watching paint dry. But it basically says we only use your stuff for what you asked us to do, and nobody else gets to peek!
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
It's those sneaky cookie crumbs websites leave behind to count visitors, like counting ants at a picnic! Totally harmless, just for fun facts. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
Hey there! Just letting you know we use some fancy gizmos to remember your preferences. This way, we can show you ads that are, well, not completely bananas.
Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
Make cookies
{title} {title} {title}
No Result
View All Result
  • News
  • Reviews
  • Features
  • Editorial
  • Automotive
  • Entertainment

© 2024 Techweez - Palahala Media Group may earn a commission when you buy through links on our sites.
A Palahala Media Group Brand. All rights reserved.
.