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By Kelvin Muchiri
Nairobi, Kenya: Journalists and media stakeholders have expressed concern over proposed amendments to Kenya’s Computer Misuse and Cybercrimes (Amendment) Bill, 2024, warning that the changes could curtail press freedom and increase surveillance of online spaces, posing a significant threat to media freedom, digital rights, and freedom of expression in the country.
The concerns were aired during a Media Breakfast Meeting held Thursday morning at Serena Hotel, Nairobi, which brought together media practitioners, legal experts, and civil society organizations to deliberate on the bill’s implications.
Experts warned that several clauses in the bill could be weaponized against journalists, potentially undermining their ability to investigate, publish, and share content freely on digital platforms.
Among the most contentious proposals is Clause 3, which would empower the National Computer and Cybercrimes Coordination Committee (NC4) to direct internet service providers to block access to websites and applications deemed to promote illegal activities.
“The risk here is the vagueness of the term ‘illegal activities,’ which can be broadly interpreted to include dissenting journalism or investigative pieces on sensitive topics,” noted Kiragu Wachira, a policy and legal expert at the forum.
Also under scrutiny is Clause 4, which seeks to expand the offense of cyber harassment. Media practitioners fear this provision could be misused to criminalize legitimate criticism or controversial reporting shared online, particularly in politically charged contexts.
Additionally, the proposed Clause 6 introduces penalties for unauthorized SIM swaps with criminal intent. While aimed at cyber fraud, journalists worry the provision’s broad wording could expose investigative reporters to prosecution during legitimate undercover digital operations.
Kiragu Wachira identified legislative gaps within the bill, citing that several offenses are constructed around their likelihood of occurring. He called on lawmakers to offer better clarity on terms such as access to computer systems, cybercrimes, and computer misuse.
“As it stands, this bill lacks precise definitions and safeguards, risking misapplication to restrict legitimate journalistic work and stifle digital activism,” Wachira added.
Kenfrey Kiberenge of the Kenya Editors Guild voiced similar concerns, stating that “any law that criminalizes legitimate journalistic work under the pretext of fighting misinformation or cybercrime must be rigorously examined and challenged where it threatens public interest.”
Expressing dissatisfaction with the bill, Terence Minishi, representing the Media Council of Kenya (MCK), said the proposed amendments lacked clear legal definitions and appeared focused on suppressing freedom of expression and investigative journalism.
One of the most alarming provisions in the bill is the introduction of hefty penalties for cyber offenses, including fines of up to Ksh 20 million per individual for crimes such as cyber harassment and unauthorized access to computer systems. Media practitioners warned that such severe penalties could be used to intimidate and silence journalists, especially those reporting on sensitive or controversial matters.
The Kenya Alliance for Resident Associations (KARA) called for a total overhaul of the bill, urging lawmakers to reduce the proposed penalties and clarify ambiguous definitions of cybercrimes, computer misuse, and system access.
“The bill, in its current form, risks undermining constitutional freedoms of expression, press, and access to information,” added Henry Ochieng, KARA CEO.
Media stakeholders at the forum emphasized the need for journalists and digital media practitioners to stay actively engaged in legislative processes affecting their industry. They encouraged practitioners to participate in policy dialogues and advocate for laws that balance national security with the protection of fundamental freedoms.
The meeting comes at a time when Kenya, like many other nations, is grappling with the challenge of regulating digital spaces while upholding rights to privacy, free expression, and access to information.
