Moderator: Marystella Simiyu (International Press Institute)
Panellists:
- Irene Mwendwa (Pollicy)
- Angela Minayo (ARTICLE 19 Eastern Africa)
- Peace Oliver Amuge (Association for Progressive Communications)
- Victor Kapiyo (KICTANet)
Hate speech threatens dignity, equality, social cohesion, and peaceful coexistence in societies, and often corrodes our news and information environments, particularly on social media. In Kenya, negative ethnicity and gender discrimination comes into sharp focus in hate speech discourse, although its manifestations are diverse as captured in the conceptual definition by the United Nations Strategy and Plan of Action on Hate Speech as “any kind of communication in speech, writing or behaviour that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are — in other words, based on their religion, ethnicity, nationality, race, color, descent, gender or other identity factor.” Often, the spotlight rests on Kenyan political actors and their operatives who exploit divisive ethnic narratives for political expediency, especially during elections. Increased connectivity and uptake in digital technologies in Kenya have boosted public discourse on matters of public interest, but have also negatively contributed to the proliferation of harmful and illegal information online. Poor content moderation practices by social media platforms further aggravate the situation. Counteractive measures such as responsible reporting that advances positive speech and counters hate speech, however, are threatened by increasing incidents of hate speech directed towards journalists, more so, female journalists, in an attempt to silence, intimidate and harass.
The exacerbating role of hate speech in the deadly 2007 post-election violence galvanised regulatory and other approaches to curbing hate speech in Kenya, leading to the enactment of the National Cohesion and Integration (NCIC) Act of 2008. Section 13 of the Act criminalises hate speech with a fine not exceeding one million shillings or imprisonment for a term not exceeding three years or both. The legislation has drawn criticism for the vague definition of hate speech, the narrow mandate of the regulatory body, and the broad criminalisation of expression in a context where the government violates legitimate political expression in the name of addressing hate speech. Calls for aligning Kenya’s regulatory responses with the Constitution and international laws and standards transcend the NCIC to include other legislation, such as the Computer Misuse and Cybercrimes Act, and underpinning policy frameworks on expression. Lack of political will remains a major impediment to strong rights-respecting frameworks.
The regulation of hate speech directly affects freedom of expression, including putting undue limits on free flow of news and independent media. Under international law, states may, by law, restrict expression where necessary for the respect of the rights or reputations of others, or to protect national security, public order, public health or morals.
Expression that is discriminatory on national, racial, or religious grounds, or speech that fuels violence, however, must be prohibited by law. This standard is also reinforced under Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) that mandates states to punish the spread of ideas based on racial superiority or hatred and incitement to racial discrimination. Several regional and international bodies have urged states to only use criminal sanctions as a measure of last resort, reserved for the most serious offences.
Kenyan legislation on hate speech fails to iterate this nuance, leaving the law vulnerable to misuse and human rights infringements.
The clarion call on this International Day for Curbing Hate Speech, celebrated on 18 June, is the need for sustained and collective efforts of states, civil society, media, community-based organisations, faith groups, and Big Tech in addressing hate speech.
To that end, the International Press Institute, Pollicy, ARTICLE 19 Eastern Africa, and the Association for Progressive Communications are holding a webinar with the following objectives:
- Finding the balance between free expression, right to non-discrimination and dignity in addressing hate speech.
- Exploring how to better support media as a key actor in addressing hate speech.
- Evaluating the practical effects of regulatory interventions on curbing hate speech in Kenya.
- Assessing the roles and performance of various stakeholders in managing hate speech in Kenya.
- Charting a rights-respecting and proactive approach to hate speech.
In case of inquiries, contact Dr Marystella Simiyu, IPI Africa Senior Legal Advocacy Officer at [email protected].