Kenya’s Misinformation Code: Balancing Rights and Regulation

By Valarie Waswa

On March 12, 2025, the National Cohesion and Integration Commission (NCIC) held a consultation regarding the Draft Code of Practice on Misinformation, Disinformation, and Hate Speech in Kenya.

The Code seeks to mitigate the increasing prevalence of false and harmful online content, aiming to foster a secure digital environment and encourage responsible online interactions.

Participants included representatives from the National Coalition on Freedom of Expression and Content Moderation in Kenya (FECoMo), the Media Council of Kenya, Internews, the Communications Authority of Kenya, Article 19 Eastern Africa, Pollicy, and the Office of the Data Protection Commissioner.

Key Submissions by KICTANet

KICTANet emphasized the critical need to balance content regulation with the protection of digital rights, specifically freedom of expression, data privacy, and access to information.

A primary concern was the necessity for explicit principles and guidelines on data privacy and protection within the Code. In Kenya’s evolving digital landscape, characterized by increased online interactions across diverse platforms, the risk of regulatory overreach is significant.

Without strong privacy safeguards, regulatory measures could subject users to excessive surveillance or content removal that erodes digital freedoms. KICTANet stressed that all interventions must adhere to Kenya’s Constitution and the Data Protection Act to guarantee the preservation of user rights.

Furthermore, KICTANet underscored the importance of evidence-based research in policy formulation. The organization advocated for maintaining this requirement within the Code, as data-driven policymaking ensures that interventions are both effective and proportionate. By basing decisions on empirical research, policymakers can develop more nuanced strategies to address misinformation and disinformation, thereby avoiding arbitrary or overly broad content restrictions.

KICTANet also highlighted its ongoing work in combating technology-facilitated gender-based violence (TFGBV), particularly its development of a lexicon in six local Kenyan languages (Dholuo, Somali, Iteso, Kikuyu, Luhyia and Kiswahili) to identify and address TFGBV on social media platforms.

Content moderation efforts predominantly target mainstream languages, resulting in the substantial oversight of harmful content in indigenous languages.

This lexicon aims to provide contextual understanding for content moderators, enabling the identification of harmful online speech across diverse linguistic and cultural contexts. This research highlights the critical need for inclusive content moderation strategies that extend beyond dominant languages.

Additionally, KICTANet called for greater accountability from digital platforms, stressing that they bear the highest responsibility in ensuring their services do not amplify misinformation, disinformation, or hate speech.

While individual users play a role in responsible engagement, platforms must implement stronger transparency measures, clearer content moderation policies, and proactive interventions to curb the spread of harmful content. The Code should outline clear obligations for platforms to act responsibly and report their efforts in mitigating online harms.

Finally, stakeholders reached a consensus on the importance of emphasizing collective responsibility as a key strategy in combating misinformation and disinformation. KICTANet supported the inclusion of provisions that encourage users to proactively report harmful content and engage responsibly online. By promoting a culture of accountability at both individual and institutional levels, the Code’s effectiveness in achieving its objectives can be significantly enhanced.

Way Forward

As discussions on the Draft Code continue, KICTANet remains committed to advocating for an open, inclusive, and rights-respecting digital space in Kenya. This initiative is actually part of ongoing actions currently being supported by UNESCO SM4P.

Ensuring that digital rights, accountability, and research-based policymaking remain central to these regulations will be essential in creating a balanced and effective approach to tackling misinformation, disinformation, and hate speech online.

Valarie Waswa is a Legal Fellow and Digital Rights Advocate at KICTANet.