Protesters confront police over Terror Law passed by Kenyan Parliament, Dec. 2014. Demotix/Reporter#34145. All rights reserved.On 18 December 2014, the Parliament of Kenya passed the Security Act Law. The law, backed by President Uhuru Kenyatta includes a string of anti-terrorism measures, some of which potentially have a significant effect on the media’s ability to collect and disseminate information. On 2 January 2015, the High Court suspended controversial provisions in the law pending a full examination of the legislation.
Impact of restrictions on the work of journalists
Section 61 of the Law amends the Prevention and Terrorism Act (PTA) and expands restrictions to freedom of expression when it comes to the advocacy, promotion, advice and facilitation of terrorism. The offence is punishable by a term not exceeding 20 years. The new section criminalises anyone who publishes or utters a statement that is likely to be understood as encouraging or inducing another person to commit an act of terrorism. While Section 30 A (2) offers some guidance as to what might constitute a statement that is likely to be understood as directly and indirectly encouraging or inducing another person to commit or prepare to commit an act of terrorism, the law remains broad and does not address the issue of journalists reporting on terrorism. In addition, the new section 30A (3) specifies that the law does not require a crime to have been attempted or committed.
The vaguely defined provisions risk being used to limit the speech of journalists working on terrorism-related issues. Of primary concern is the problem of defining what is to be prohibited. Does a journalist reporting statements made during an interview encourage terrorism? Can a journalist reporting on the causes of terrorism be perceived as advocating for terrorism? Does a report providing information about the training of jihadists in East Africa provide advice to Kenyans who would like to commit an act of terrorism? As such, the measures risk deterring journalists from covering terrorism-related topics and may have a significant effect on the quality of public debate.
