Court of Appeal strikes down fake news sections in Cybercrimes Act, protects media freedom
The Court of Appeal has struck down parts of the Computer Misuse and Cybercrimes Act, 2018, ruling that they violate freedom of expression and media independence.
In a decision delivered on Friday, Justices Patrick Kiage, Aggrey Muchelule, and Weldon Korir declared sections 22 and 23 unconstitutional, saying they were overly broad and risked punishing innocent citizens.
“Sections 22 and 23… are so broad, wide, untargeted, akin to unguided missiles, and likely to net innocent citizens,” the court said.
The provisions criminalised:
- Publishing false, misleading, or fictitious data with the intent that it be considered authentic.
- Disseminating false information that could cause panic, chaos, violence, or harm a person’s reputation.
Offenders faced fines of up to Sh5 million or imprisonment of up to 10 years. The Court noted that such penalties could also target ordinary social media users and journalists forwarding information unknowingly.
The ruling affirms that the right to freedom of expression under Article 33 of the Constitution applies online.
Restrictions on digital speech must now be narrowly defined and justified, preventing overreach by authorities.
Other parts of the Cybercrimes Act, including provisions addressing child pornography, cyber harassment, and cybersecurity investigations, remain valid. However, the Court emphasized that all measures must comply with constitutional safeguards.
This landmark decision protects media freedom, journalistic activity, and citizen speech online, pointing to an attempt by the courts to safeguard digital rights in Kenya.
To advertise with us, send an email to advert@avdeltanews.world