Laws of Kenya Active 2013Media Council Act
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LAWS OF KENYA THE MEDIA COUNCIL ACT CAP. 411B Revised and published by the National Council for Law Reporting with the authority of the Attorney-General as gazetted by the Government Printer www.kenyalaw.org Kenya Media Council Act Cap. 411B Legislation as at 1 August 2025 By Kenya Law and Laws.Africa. Share widely and freely. www.kenyalaw.org | [email protected] FRBR URI: /akn/ke/act/2013/46/eng@2025-08-01 There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC- SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements: • BY: credit must be given to the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. Media Council Act (Cap. 411B) Contents Part 1 – PRELIMINARY ...................................................................................................................................................................................... 1 1. Short title .................................................................................................................................................................................................... 1 2. Interpretation ............................................................................................................................................................................................. 1 3. Guiding principles .................................................................................................................................................................................... 2 4. Application of the Act ............................................................................................................................................................................ ...................................................................................................................................................... 2 Part II – ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA ....................................................................................................... 2 5. Establishment of the Media Council ................................................................................................................................................. 2 6. Functions of the Council ....................................................................................................................................................................... 2 7. Composition of the Council .................................................................................................................................................................. 3 8. Qualification for appointment as chairperson or member of the Council .......................................................................... 5 9. Committees of the Council ................................................................................................................................................................... 6 10. ................................................................................................................................................ 6 10. Conduct of business ............................................................................................................................................................................. 6 11. Independence of the Council ............................................................................................................................................................ 6 12. Tenure and terms of office members of the council ................................................................................................................ 6 13. Vacancy in the office of the Council .............................................................................................................................................. 6 14. Removal from office ............................................................................................................................................................................. 7 15. Filling of vacancy .................................................................................................................................................................................. 7 16. ................................................................................................................................................ 7 16. Allowances of the chairperson and members of the Council ............................................................................................... 7 17. Appointment of the secretary ........................................................................................................................................................... 8 18. Removal of Secretary ........................................................................................................................................................................... 8 19. Delegation by the Council ................................................................................................................................................................. 8 20. Staff of the Council .............................................................................................................................................................................. 9 21. Seal of the Council ............................................................................................................................................................................... 9 22. ................................................................................................................................................ 9 22. Protection of the Council from liability ........................................................................................................................................ 9 Part III – FINANCIAL PROVISIONS ................................................................................................................................................................ 9 23. Funds of the Council ............................................................................................................................................................................ 9 24. Financial year .......................................................................................................................................................................................... 9 25. Annual estimates ................................................................................................................................................................................. 10 26. Accounts and audit ............................................................................................................................................................................. ...................................................................................................................................................... 10 Part IV – COMPLAINTS AND DISPUTE RESOLUTION .......................................................................................................................... 10 27. Establishment of the Complaints Commission ......................................................................................................................... 10 28. Membership of the Complaints Commission ............................................................................................................................ 11 29. Appointments to the Complaints Commission ......................................................................................................................... 11 30. Independence of the Complaints Commission ......................................................................................................................... 11 the Complaints Commission ......................................................................................................................... 11 31. Functions of the Complaints Commission ................................................................................................................................. 11 32. Powers of the Commission in discharge of functions ........................................................................................................... 12 33. Powers of the Complaints Commission ...................................................................................................................................... 12 34. Complaints ............................................................................................................................................................................................. 12 35. Procedure upon complaint .............................................................................................................................................................. 13 36. Mediation of disputes ........................................................................................................................................................................ 13 37. ............................................................................................................................................... 13 37. Hearing of disputes ............................................................................................................................................................................ 14 38. Decisions of the Complaints Commission .................................................................................................................................. 15 39. Allowances of the chairperson and members of the Complaints Commission ............................................................. 15 40. Protection of the Complaints Commission from liability ..................................................................................................... 15 41. Record of proceedings ....................................................................................................................................................................... 15 42. Appeals .................................................................................................................................................................................................... 15 43. ............................................................................................................................................... 15 43. Decisions of the Commission to be final ................................................................................................................................... 16 44. Procedures of the Complaints Commission ............................................................................................................................... 16 Part V – MISCELLANEOUS PROVISIONS ................................................................................................................................................... 16 45. Code of conduct .................................................................................................................................................................................. 16 46. Accreditation of journalists ............................................................................................................................................................. 16 47. Unaccredited institutions .................................................................................................................................................................. 16 48. ............................................................................................................................................... 16 48. Offences .................................................................................................................................................................................................. 16 49. General penalty ................................................................................................................................................................................... 17 Part VI – PROVISIONS ON DELEGATED POWERS ................................................................................................................................. 17 50. Regulations ............................................................................................................................................................................................ 17 Part VII – REPEAL AND TRANSITIONAL PROVISIONS ......................................................................................................................... 17 51. [Spent] ..................................................................................................................................................................................................... 17 52. ............................................................................................................................................... 17 52. [Spent] ..................................................................................................................................................................................................... 17 FIRST SCHEDULE [s. 10] ................................................................................................................................................................................. 18 SECOND SCHEDULE [s. 45] ............................................................................................................................................................................ 18 ................................................................................................................................................... 18 Media Council Act (Cap. 411B) Kenya MEDIA COUNCIL ACT CAP. 411B Published in Kenya Gazette Vol. CXVI—No. 1 on 3 January 2014 Assented to on 24 December 2013 Commenced on 10 January 2014 [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022] [Amended by The Media Council (Code of Media Practice), 2025 (Legal Notice 88 of 2025) on 14 May 2025] An Act of Parliament to give effect to Article 34(5) of the Constitution; to establish the Media Council of Kenya; to establish the Complaints Commission, and for connected purposes Part 1 – PRELIMINARY 1. Short title This Act may be cited as the Media Council Act. 2. establish the Complaints Commission, and for connected purposes Part 1 – PRELIMINARY 1. Short title This Act may be cited as the Media Council Act. 2. Interpretation In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to the media; "code of conduct" means the code of conduct for journalists and media enterprises provided under section 45 and set out in the Second Schedule; "Commission" means the Complaints Commission established under section 27; "Council" means the Media Council of Kenya established under section 5; "Court" means the High Court established under Article 165(1) of the Constitution; "foreign journalist" means any journalist who is not a citizen of Kenya and accredited as such under this Act; "journalism" means the collecting, writing, editing and presenting of news or news articles in newspapers and magazines, radio and television broadcasts, in the internet or any other manner as may be prescribed; "journalist" means any person who is recognised as such by the Council upon fulfilment of a criteria set by the Council; "media" means the production of electronic and print media for circulation to the public, but does not include book publishing; "media enterprise" means an organization whose business involves the collection, processing and dissemination of news or news articles, or in entertainment and education through the media; "political party" has the same meaning as assigned to it under Article 260 of the Constitution; "programme" means sounds or visual images or combination of sounds and visual images that are intended to inform, enlighten or entertain; "publication" means the dissemination to the public of any written, audio or video material, and includes materials disseminated through the internet. "publication" means the dissemination to the public of any written, audio or video material, and includes materials disseminated through the internet. 1 1 Media Council Act (Cap. 411B) Kenya 3. Guiding principles (1) In exercise of the powers and discharge of functions under this Act, the Cabinet Secretary, the Council and committees established under this Act shall be guided by values and principles enshrined in the Constitution. (2) In exercise of the right to freedom of expression, the persons specified under section 4 shall— (a) reflect the interests of all sections of society; (b) be accurate and fair; (c) be accountable and transparent; (d) respect the personal dignity and privacy of others; (e) demonstrate professionalism and respect for the rights of others; and (f) be guided by the national values and principles of governance set out under Article 10 of the Constitution. 4. Application of the Act This Act shall apply to— (a) media enterprises; (b) journalists; (c) media practitioners; (d) foreign journalist accredited under this Act; and (e) consumers of media services. Part II – ESTABLISHMENT OF THE MEDIA COUNCIL OF KENYA 5. Establishment of the Media Council (1) There is established a council to be known as the Media Council of Kenya. MENT OF THE MEDIA COUNCIL OF KENYA 5. Establishment of the Media Council (1) There is established a council to be known as the Media Council of Kenya. (2) The Council is a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of— (a) suing and being sued; (b) purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property; (c) entering into contracts; and (d) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. (3) The headquarters of the Council shall be in Nairobi. (4) The Council may establish such offices as it considers necessary to undertake its functions. 6. Functions of the Council (1) The functions of the Council are to— (a) promote and protect the freedom and independence of the media; 2 s functions. 6. Functions of the Council (1) The functions of the Council are to— (a) promote and protect the freedom and independence of the media; 2 Media Council Act (Cap. Media Council Act (Cap. 411B) Kenya (b) prescribe standards of journalists, media practitioners and media enterprises; (c) ensure the protection of the rights and privileges of journalists in the performance of their duties; (d) promote and enhance ethical and professional standards amongst journalists and media enterprises; (e) advise the government or the relevant regulatory authority on matters relating to professional, education and the training of journalists and other media practitioners; (f) set standards, in consultation with the relevant training institutions, for professional education and training of journalists; (g) develop and regulate ethical and disciplinary standards for journalist, media practitioners and media enterprises; (h) accredit journalists and foreign journalists by certifying their competence, authority or credibility against official standards based on the quality and training of journalists in Kenya including the maintaining a register of journalists, media enterprises and such other related registers as it may deem fit and issuance of such document evidencing accreditation with the Council as the Council shall determine; (i) conduct an annual review of the performance and the general public opinion of the media, and publish the results in at least two daily newspapers of national circulation; (j) through the Cabinet Secretary, table before Parliament reports on its functions; (k) establish media standards and regulate and monitor compliance with the media standards; (l) facilitate resolution of disputes between the government and the media and between the public and the media and intra media; (m) compile and maintain a register of accredited journalists, foreign journalists, media enterprises and such other related registers as it may consider necessary; (n) subject to any other written law, consider and approve applications for accreditation by educational institutions that seek to offer courses in journalism; and (o) perform such other functions as may be assigned to it under any other written law. onal institutions that seek to offer courses in journalism; and (o) perform such other functions as may be assigned to it under any other written law. (2) In exercise of its powers and discharge of its function under this Act the Council and every person to whom this Act applies shall ensure— (a) that the provisions of Article 33(2) of the Constitution are safeguarded; (b) that the freedom and independence of media is exercised in a manner that respects the rights and reputations of others; (c) that the protection of national security, public order, public health and public morals is safeguarded; and (d) the compliance with any other written law. (3) The Cabinet Secretary shall, in consultation with the Council, make regulations to give further effect to subsection (2). 7. Composition of the Council (1) The Council shall consist of— (a) a chairperson appointed in accordance with this section; (b) one person nominated by the Cabinet Secretary; 3 il (1) The Council shall consist of— (a) a chairperson appointed in accordance with this section; (b) one person nominated by the Cabinet Secretary; 3 Media Council Act (Cap. 411B) Kenya (c) seven other members appointed in accordance with this section. (2) Within fourteen days of the commencement of this Act, or of the occurrence of a vacancy in the office of chairperson or member, the Cabinet Secretary shall— (a) by notice in the Gazette and in at least two newspapers of national circulation, declare vacancies in the Council, and invite applications from qualified persons; and (b) convene a selection panel for the purpose of selecting suitable candidates for appointment as the chairperson or members of the Council. sons; and (b) convene a selection panel for the purpose of selecting suitable candidates for appointment as the chairperson or members of the Council. (3) The selection panel referred to under subsection (2), shall comprise of thirteen members nominated by the following organisations— (a) Kenya Union of Journalists; (b) Media Owners Association; (c) Kenya Editor’s Guild; (d) Law Society of Kenya; (e) Kenya Correspondents Association; (f) Public Relations Society of Kenya; (g) National Gender and Equality Commission; (h) Association of Professional Societies in East Africa; (i) Consumers Federation of Kenya; (j) the Ministry responsible for matters relating to media; (k) Kenya News Agency; and (l) two persons nominated by schools of journalism of recognized universities, one representing public universities and the other representing private universities. (4) their first meeting the Panel shall appoint a Chairperson and a vice- chairperson who shall be of opposite gender. (5) An application in respect of a vacancy declared under subsection (2), shall be forwarded to the selection panel within seven days of the publication of the notice and may be made by— (a) any qualified person; or (b) any, person, organization or group of persons proposing the nomination of any qualified person. e and may be made by— (a) any qualified person; or (b) any, person, organization or group of persons proposing the nomination of any qualified person. (6) The selection panel shall, subject to this section, determine its own procedure and the Cabinet Secretary shall provide it with such facilities and other support as it may require for the discharge of its functions under this section. (7) The selection panel shall consider the applications, shortlist and publish the names and qualifications of all the applicants and those shortlisted by the Panel in the Gazette and at least two daily newspapers of national circulation within seven days from the expiry of the deadline of receipt of applications under subsection (5). (8) The selection panel shall interview the shortlisted applicants within fourteen days from the date of publication of the list of shortlisted applicants under subsection (7). (9) After carrying out the interviews, the selection panel shall select one person qualified to be appointed as chairperson and seven persons qualified to be members of the Council, and forward the names to the Cabinet Secretary. 4 n qualified to be appointed as chairperson and seven persons qualified to be members of the Council, and forward the names to the Cabinet Secretary. 4 Media Council Act (Cap. 411B) Kenya (10) The Cabinet Secretary shall, within seven days of receipt of the names, by notice in the Gazette, appoint a chairperson and seven members of the Council. (11) The Cabinet Secretary may reject any nomination solely on any of the grounds set out in section 8(2), whereafter the Cabinet Secretary shall communicate the decision to the selection panel. (12) Upon receipt of the notice of rejection under subsection (11), the selection panel shall select another person from the list of shortlisted applicants and submit his or her name to the Cabinet Secretary for appointment. (13) Despite the foregoing provisions of this section, the Cabinet Secretary may, by notice in the Gazette, extend the period specified in respect of any matter under this section by a period not exceeding fourteen days. retary may, by notice in the Gazette, extend the period specified in respect of any matter under this section by a period not exceeding fourteen days. (14) In selecting, nominating, approving or appointing the chairperson and members of the Council, the selection panel and the Cabinet Secretary shall— (a) ensure that the nominees to the Council reflect the interests of all sections of the society; (b) ensure equal opportunities for persons with disabilities and other marginalized groups; and (c) ensure that not more than two-thirds of the members shall be of the same gender. (15) The selection panel shall stand dissolved upon the appointment of the chairperson or members of the Council. 8. bers shall be of the same gender. (15) The selection panel shall stand dissolved upon the appointment of the chairperson or members of the Council. 8. Qualification for appointment as chairperson or member of the Council (1) A person shall be qualified for appointment as chairperson or member of the Council if that person — (a) is a citizen of Kenya; (b) holds a degree from a university recognized in Kenya; (c) has knowledge and experience of at least ten years, in the case of the chairperson, or seven years, in the case of a member, in matters relating to any of the following fields— (i) law; (ii) journalism; (iii) finance; (iv) gender and human rights; (v) performing arts; (vi) advertising; (vii) public relations; (viii) religious studies; (ix) communication; (x) humanities and social sciences; or (xi) information technology; (d) meets the requirements of Chapter Six of the Constitution; and (e) has had a distinguished career in their respective fields. 5 mation technology; (d) meets the requirements of Chapter Six of the Constitution; and (e) has had a distinguished career in their respective fields. 5 Media Council Act (Cap. 411B) Kenya (2) A person shall not be qualified for appointment as chairperson or a member of the Council if the person— (a) is a member of Parliament or county assembly; (b) is an official of a governing body of a political party; (c) has at any time within the preceding five years, held a political office; (d) is an undischarged bankrupt; (e) has been convicted of a felony; (f) has benefitted from, or facilitated an unlawful or irregular allocation, acquisition or use of land or other public property; or (g) has been removed from office for contravening the provisions of the Constitution or any other written law. 9. Committees of the Council (1) The Council may establish such committees as may be necessary for the better carrying out of their function. (2) The Council may co-opt such persons whose knowledge and expertise may be for the Council to undertake its functions. 10. Conduct of business The business and affairs of the Council shall be conducted in accordance with the First Schedule. 11. Independence of the Council The Council shall be independent of control by government, political or commercial interests. 12. the First Schedule. 11. Independence of the Council The Council shall be independent of control by government, political or commercial interests. 12. Tenure and terms of office members of the council (1) The chairperson and members of the Council shall hold office for a period of three years, and shall be eligible for re-appointment for a further and final term of three years. (2) The chairperson and members of the council shall serve the Council on a part-time basis. 13. Vacancy in the office of the Council The office of chairperson or a member shall become vacant if— (a) the holder— (i) dies; (ii) by notice in writing addressed to the Cabinet Secretary, resigns from office; (iii) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months without an option of a fine; or (iv) is removed from office in accordance with section 14(1); (b) the term of office of the holder expires. 6 x months without an option of a fine; or (iv) is removed from office in accordance with section 14(1); (b) the term of office of the holder expires. 6 Media Council Act (Cap. 411B) Kenya 14. Removal from office (1) The chairperson or a member of the Council shall be removed from office on any of the following grounds— (a) violation of the Constitution or any other written law, including contravention of Chapter Six of the Constitution; (b) gross misconduct; (c) physical or mental incapacity that leads to inability to perform the functions of office; (d) incompetence or neglect of duty; (e) bankruptcy; (f) absence from three consecutive meetings of the Council without justifiable cause; (g) if the chairperson or a member becomes a director of any media enterprise or holds shares or has any other interest in a corporation, partnership or other body, directly or through another person, if holding those shares or having that interest would result in a conflict of interest with the officer’s official duties; or (h) if the chairperson or member is convicted of a criminal offence and sentence to imprisonment for a period of more than six months without the option of a fine. airperson or member is convicted of a criminal offence and sentence to imprisonment for a period of more than six months without the option of a fine. (2) A person desiring the removal of the chairperson or a member of the Council on any ground specified in subsection (1) may present a petition, in writing, to the National Assembly setting out the alleged facts constituting that ground. (3) The National Assembly shall, within seven days, consider the complaint and if satisfied that it discloses a ground under subsection (1) submit the complaint together with its recommendations to the Cabinet Secretary. (4) On receiving the recommendation made under subsection (3), the Cabinet Secretary shall suspend the member from office pending determination of the petition and shall appoint a tribunal comprising of— (a) a chairperson who shall be qualified to hold office as a Judge of the High Court; (b) two persons one man and one woman competent to asses and determine the petition. (5) The tribunal shall consider the petition and if satisfied that it discloses sufficient grounds for removal, recommend to the Cabinet Secretary to remove the member from office. (6) In determining the petition, the tribunal shall be guided by the principles of fair administrative justice set out in Article 47 of the Constitution. In determining the petition, the tribunal shall be guided by the principles of fair administrative justice set out in Article 47 of the Constitution. (7) The Cabinet Secretary shall be bound by the recommendation made by tribunal under this section. 15. Filling of vacancy Where a vacancy occurs in the membership of the Council under section 13 or 14, the appointment procedure provided for under this Act shall apply. 16. Allowances of the chairperson and members of the Council The chairperson and members of the Council shall be paid such allowances as the Salaries and Remuneration Commission shall determine. 7 of the Council The chairperson and members of the Council shall be paid such allowances as the Salaries and Remuneration Commission shall determine. 7 Media Council Act (Cap. 411B) Kenya 17. Appointment of the secretary (1) There shall be a secretary to the Council who shall be competitively recruited and appointed by the Council. (2) A person shall be qualified for appointment as a secretary to the Council if the person— (a) is a citizen of Kenya; (b) holds a degree from a university recognized in Kenya; (c) has had at least ten years proven experience at management level; (d) has extensive experience in public administration; and (e) meets the requirements of Chapter Six of the Constitution. (3) The secretary of the Council shall be the chief executive officer of the Council and shall be responsible to the Council for— (a) the day-to-day management of the affairs of the Council; (b) the maintenance of efficiency and discipline by all staff of the Council; (c) the management of the budget of the Council; (d) ensuring that funds of the Council are properly expended and accounted for; (e) maintaining such records of the Council as the Council may, from time to time, require; and (f) the performance of such other duties as the Council may, from time to time, assign. (4) The secretary shall be an ex officio member of the Council. f) the performance of such other duties as the Council may, from time to time, assign. (4) The secretary shall be an ex officio member of the Council. (5) The secretary shall hold office for a term of five years and shall be eligible for re-appointment for a further term of five years. 18. Removal of Secretary (1) The secretary may be removed from office by the Council in accordance with the terms and conditions of service for— (a) inability to perform the functions of the office of secretary arising out of physical or mental incapacity; (b) gross misconduct or misbehaviour; (c) incompetence or neglect of duty; (d) violation of the Constitution; or (e) any other ground that would justify removal from office under the terms and conditions of service. (2) Before the secretary is removed under subsection (1), the Secretary shall be given— (a) sufficient notice of the allegations made against him or her; and (b) an opportunity to present his or her defence against the allegations. 19. Delegation by the Council (1) The Council may, by resolution generally or in any particular case, delegate in writing, to a committee or any officer, member of staff or agent of the Council, the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act. 8 staff or agent of the Council, the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act. 8 Media Council Act (Cap. 411B) Kenya (2) A delegation under this section— (a) shall be subject to any conditions as the Council may impose; (b) shall not divest the Council of the responsibility concerning the exercise of the powers or the performance of the duty delegated; and (c) may be withdrawn, and any decision made by the person to whom the delegation is made may be withdrawn or varied by the Council. 20. Staff of the Council (1) The Council may competitively appoint such officers and other staff of the Council as may be necessary for the proper discharge of its functions under this Act or any other written law, upon such terms and conditions of service as the Council may determine. (2) In the appointment of the staff of the Council referred to under subsection (1), the Council shall afford equal opportunity for appointment of men and women, members of all ethnic groups and persons with disabilities. 21. Seal of the Council (1) The common seal of the Council shall be kept in such custody as the Council shall direct and shall not be used except on the authority of the Council. The common seal of the Council shall be kept in such custody as the Council shall direct and shall not be used except on the authority of the Council. (2) The common seal of the Council when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Council under this Act shall be presumed to have been duly given. 22. Protection of the Council from liability An action shall not lie against the Council or any of its officers or other persons appointed or authorized to perform any function under this Act on behalf of or in respect of anything done or omitted to be done by them in good faith in the exercise of or performance of any power, authority or duty conferred or imposed by them under this Act. Part III – FINANCIAL PROVISIONS 23. ith in the exercise of or performance of any power, authority or duty conferred or imposed by them under this Act. Part III – FINANCIAL PROVISIONS 23. Funds of the Council The funds of the Council shall consist of— (a) such monies as may be allocated to the Council by the National Assembly; (b) such monies fees as may be charged by the Council for the issuance of any document of accreditation or registration to any journalist under this Act; (c) such monies or assets as may accrue to the Council in the course of the exercise of its powers or the performance of its functions under this Act; and (d) all monies from any other source provided, donated or lent to the Council. 24. Financial year The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year. 9 the Council. 24. Financial year The financial year of the Council shall be the period of twelve months ending on the thirtieth of June in each year. 9 Media Council Act (Cap. 411B) Kenya 25. Annual estimates (1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Council for that financial year. (2) The annual estimates shall make provisions for all estimated expenditure of the Council for the financial year concerned, and in particular shall provide for the— (a) payment of salaries, allowances and other charges in respect of the staff of the Council; (b) payment of pensions, gratuities and other charges in respect of staff of the Council; (c) proper maintenance of the buildings and grounds of the Council; (d) maintenance, repair and replacement of the equipment and other property of the Council; (e) payment of allowances of the members of the Council; and (f) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may consider. 26. respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may consider. 26. Accounts and audit (1) The Council shall cause to be kept proper books and other records of accounts of the income, expenditure, assets and liabilities of the Council. (2) Within a period of three months after the end of each financial year, the Council shall submit to the Auditor-General the accounts of the Council, in respect of that year, together with— (a) a statement of income and expenditure during that financial year; and (b) a statement of the assets and liabilities of the Council as at the last day of that financial year. (3) The audited accounts of the Council shall be published in at least two daily newspapers of national circulation Part IV – COMPLAINTS AND DISPUTE RESOLUTION 27. Establishment of the Complaints Commission (1) There is established a Complaints Commission which shall consist of seven members appointed in accordance with this section. (2) The provisions of section 7(2), (3), (4), (5), (6), (7) and (8) shall apply mutatis mutandis to the appointment of members of the Commission. ion. (2) The provisions of section 7(2), (3), (4), (5), (6), (7) and (8) shall apply mutatis mutandis to the appointment of members of the Commission. (3) After carrying out interviews, the selection panel shall select one person qualified to be appointed as chairperson and six persons qualified to be appointed as members of the Commission, and forward the names to the Cabinet Secretary. (4) The Cabinet Secretary shall, within seven days of receipt of the names, by notice in the Gazette, appoint a chairperson and six members of the Commission. (5) The Cabinet Secretary may, in writing, reject any nomination on reasonable grounds whereafter the Cabinet Secretary shall communicate the decision to the selection panel. (6) Upon receipt of the notice of rejection under subsection (5), the selection panel shall select another person from the list of shortlisted applicants and submit his or her name to the Cabinet Secretary for appointment. 10 tion panel shall select another person from the list of shortlisted applicants and submit his or her name to the Cabinet Secretary for appointment. 10 Media Council Act (Cap. 411B) Kenya 28. Membership of the Complaints Commission (1) The Complaints Commission shall consist of— (a) a chairperson, who shall be a person who holds or has held a judicial office in Kenya or who is an advocate of the High Court of Kenya of not less than ten years standing; and (b) six other persons with knowledge and experience in any one of the following areas— (i) journalism; (ii) media policy and law; (iii) media regulation; (iv) business practice and finance; (v) the performing arts or entertainment; (vi) advertising practice; or (vii) related social sciences. (2) The members of the Complaints Commission shall, at their first meeting, elect a vice-chairperson of opposite gender from amongst themselves. 29. Appointments to the Complaints Commission (1) The appointments to the Complaints Commission shall be done in a fair, transparent and competitive manner based on merit, suitability and competence. The appointments to the Complaints Commission shall be done in a fair, transparent and competitive manner based on merit, suitability and competence. (2) In selecting persons for appointment as chairperson and members of the Commission, the selection panel shall ensure that equal opportunities are accorded to persons with disability and that not more than two-thirds of the members of the Commission are of the same gender. (3) The names of persons appointed as members of the Commission shall be published in the Gazette, and they shall before assuming office, take an oath or solemn affirmation before a judge of the High Court. (4) The members of the Commission shall hold office for a period of three years and shall be eligible for re-appointment subject to a maximum of two terms. (5) A person shall cease to be a member of the Commission only in terms of section 13(1) of this Act. (6) Whenever a vacancy occurs in the Commission, the Commission shall notify the Cabinet Secretary at once, who shall, as soon as reasonably practical, initiate the process of filling the vacancy in accordance with section 27 of this Act. 30. retary at once, who shall, as soon as reasonably practical, initiate the process of filling the vacancy in accordance with section 27 of this Act. 30. Independence of the Complaints Commission In performing its functions or exercising its powers, the Complaints Commission shall be independent in its operations and shall be guided by the provisions of Article 159 of the Constitution. 31. Functions of the Complaints Commission The functions of the Complaints Commission are to— (a) mediate or adjudicate in disputes between the government and the media and between the public and the media and intra media on ethical issues; (b) ensure the adherence to high standards of journalism as provided for in the code of conduct for the practice of journalism in Kenya; and 11 ssues; (b) ensure the adherence to high standards of journalism as provided for in the code of conduct for the practice of journalism in Kenya; and 11 Media Council Act (Cap. 411B) Kenya (c) achieve impartial, speedy and cost effective settlement of complaints against journalists and media enterprises, without fear or favour in relation to this Act. 32. Powers of the Commission in discharge of functions The Commission shall have all the powers incidental to and necessary for the effective discharge of its functions under this Act and any other written law and shall— (a) establish and maintain an internal mechanism for the resolution of disputes; (b) prescribe procedures for determination of disputes relating to the media; (c) receive, investigate and deal with complaints made against journalists and media enterprises; (d) summon and receive information of evidence relating to any matter. 33. Powers of the Complaints Commission (1) The Complaints Commission may, by notice in writing, require any person to— (a) give to the Complaints Commission reasonable assistance in the investigation of a complaint made under this Act; and (b) appear before the Complaints Commission for examination concerning matters relevant to the investigation of any complaint made under this Act. and (b) appear before the Complaints Commission for examination concerning matters relevant to the investigation of any complaint made under this Act. (2) The Commission shall not be bound by the rules of evidence as set out in the Evidence Act (Cap. 80). (3) Except as expressly provided for in this Act or any regulations made pursuant to this Act, the Complaints Commission shall regulate its own procedure. 34. Complaints (1) A person aggrieved by— (a) any publication by or conduct of a journalist or media enterprise in relation to this Act; or (b) anything done against a journalist or media enterprise that limits or interferes with the constitutional freedom of expression of such journalist or media enterprise, may make a written complaint to the Complaints Commission setting out the grounds for the complaint, nature of the injury or damage suffered and the remedy sought. (2) A complaint under section 31 may be made— (a) orally, either in person or by any form of electronic communication; or (b) in writing, given to the Registrar of the Complaints Commission setting out the grounds for the complaint, nature of the injury or damage suffered and the remedy sought. o the Registrar of the Complaints Commission setting out the grounds for the complaint, nature of the injury or damage suffered and the remedy sought. (3) Where complaints are oral, the Commission may require them to be reduced in writing within seven days, unless it is satisfied there are good reasons for not doing so, (4) A complainant shall disclose to the Commission— (a) the complainant’s name and address; and (b) other information relating to the complainant’s identity that the Commission reasonably requires. 12 — (a) the complainant’s name and address; and (b) other information relating to the complainant’s identity that the Commission reasonably requires. 12 Media Council Act (Cap. 411B) Kenya (5) Despite subsection (4), the Commission may— (a) keep information provided by a complainant confidential if there are special circumstances or the Commission considers it is in the complainant’s interests to do so; or (b) accept an anonymous complaint concerning an issue of public interest, or where no clearly identifiable person or group is affected. (6) The Commission may ask a complainant to provide more information about the complaint within a reasonable time fixed by the Commission. (7) The Commission may at any time require a complaint or information provided by a complainant to be verified by the complainant by oath or statutory declaration. (8) Without prejudice to the functions of the Council set out in section 6 of the Act, the Council may take up a complaint on its own initiative, and forward the same to the Commission for determination where in its opinion the complaint has public interest implications. (9) The Commission may refer a complaint made under subsection (1) to the Communications and Multimedia Tribunal established under the Kenya Information and Communications Act (Cap. complaint made under subsection (1) to the Communications and Multimedia Tribunal established under the Kenya Information and Communications Act (Cap. 411A), where the Commission determines that the complaint relates to a matter which falls within the mandate of the Tribunal. 35. Procedure upon complaint (1) Upon receipt of a complaint, the Complaint Commission shall notify, in writing, the party against whom the complaint has been made, within fourteen days of receipt of the complaint, stating the nature of the complaint, the breach, act or omission complained of and the date on which the matter shall be considered by the Commission. (2) The notice referred to in subsection (1) shall require the person against whom the complaint is made to respond to the complaint in writing or appear before it at the hearing of the complaint. (3) After considering each party’s submissions, the Commission shall then conduct a preliminary assessment to determine the admissibility or otherwise of the complaints lodged within fourteen days. (4) The Complaints Commission or any of its panels may, after conducting a preliminary assessment of a complaint, and being of the opinion that the complaint is devoid of merit or substance, dismiss such complaint and give reasons thereto. sessment of a complaint, and being of the opinion that the complaint is devoid of merit or substance, dismiss such complaint and give reasons thereto. (5) A party may within fourteen days from the date of dismissal, apply for review or variation of the Commission’s decision under subsection (4). (6) Where the Commission considers there is a breach of the Act or Code it may facilitate an early resolution of the complaint by a referral to an inter parties mediation process within fourteen days. 36. Mediation of disputes (1) The chairperson of the Complaints Commission may appoint one of the members of the Commission as a mediator, to attempt to facilitate an early voluntary settlement of the dispute between the parties to the dispute. (2) The mediation process shall be voluntary and shall be conducted in accordance with the rules made by the Commission under this Act. (3) The mediation proceedings shall be— (a) private and confidential; and (b) conducted on a without prejudice basis. 13 he Commission under this Act. (3) The mediation proceedings shall be— (a) private and confidential; and (b) conducted on a without prejudice basis. 13 Media Council Act (Cap. 411B) Kenya (4) No person may refer to anything said at the proceedings during any subsequent proceedings, unless the parties agree in writing. (5) Upon satisfactory determination of a mediation meeting, the mediator shall cause to be signed by both parties a certificate signifying acceptance of the decision which shall be adopted as a decision of the parties in the dispute. (6) No person, including the member who acted as mediator, may be called as a witness during subsequent proceedings in the Commission or in any court to give evidence about what transpired during the previous mediation meetings. witness during subsequent proceedings in the Commission or in any court to give evidence about what transpired during the previous mediation meetings. (7) The mediation rules and procedure made pursuant to this section shall provide for— (a) the role and responsibilities of the mediator; (b) the roles and responsibilities of the parties; (c) the indemnification of the mediator in case of any claims for damages that may arise in any way from the mediation; (d) the protection of confidential information disclosed or obtained during mediation; (e) the inadmissibility in any legal proceedings of any statements made during the course of proceedings; (f) the settlement of the disputes in accordance with the Act and Code of Conduct; (g) the acceptance of the settlement and issuance of a certificate of acceptance of settlement; (h) the binding nature and the admissibility of the settlement agreement in court for enforcement purposes; and (i) the costs of the mediation. 37. Hearing of disputes (1) Where the mediation fails or the parties or either of them objects to any mediation efforts, the Commission shall set down the complaint for determination and issue a date on which the matter shall be determined by the Complaints Commission after a full hearing. l set down the complaint for determination and issue a date on which the matter shall be determined by the Complaints Commission after a full hearing. (2) The chairperson of the Complaints Commission may establish hearing panels each consisting of three members of the Commission to deal with, hear and determine the Complaints admitted for hearing. (3) The panels established under subsection (1) shall exercise all the powers and shall perform all the duties and functions of the Complaints Commission in relation to any matter before the panel. (4) Members of a panel established under subsection (1) may, if necessary, consult with other members of the Complaints Commission for purposes of ensuring consistency of decisions of the Commission. (5) The Complaints Commission shall, having heard the matter the subject of the complaint, make a report, issue any decision as it deems appropriate and give directions in connection with the complaint, and shall publish its findings if it considers it in the public interest to do so. (6) The Complaints Commission shall communicate its decision to the parties concerned within seven days from the time the decision is made. (7) The Complaints Commission shall conduct its hearings in public unless the Commission upon recorded compelling reasons certifies any particular session as closed. nts Commission shall conduct its hearings in public unless the Commission upon recorded compelling reasons certifies any particular session as closed. (8) The Complaints Commission may publish or publicize its decision made under this section in any case where it thinks it appropriate to do so. 14 (8) The Complaints Commission may publish or publicize its decision made under this section in any case where it thinks it appropriate to do so. 14 Media Council Act (Cap. 411B) Kenya 38. Media Council Act (Cap. 411B) Kenya 38. Decisions of the Complaints Commission (1) The Complaints Commission or any of its panels may, after hearing the parties to a complaint— (a) order the offending party to publish an apology and correction in such manner as the Commission may specify; (b) order the return, repair, or replacement of any equipment or material belonging to a journalist confiscated or destroyed; (c) make any directive and declaration on freedom of expression; (d) issue a public reprimand of the journalist or media enterprise involved; (e) order the offending editor of the broadcast, print or on-line material to publish the Commission’s decision in such manner as specified by the Commission; (f) impose a fine of not more than five hundred thousand shillings on any respondent media enterprise and a fine of not more than one hundred thousand shillings, on any journalist, adjudged to have violated the Act or Code of Conduct, where upon such a fine shall be a debt due to the Council and recoverable as such; (g) in its reasons for its findings, record a criticism of the conduct of the complainant in relation of the Complaint, where such criticism, is in its view, warranted; (h) recommend to the Council the suspension or removal from the register of the journalist involved; (i) make any supplementary or ancillary orders or directions that it may consider necessary for carrying into effect orders or directives made. olved; (i) make any supplementary or ancillary orders or directions that it may consider necessary for carrying into effect orders or directives made. (2) The Complaints Commission or any of its panels may make any or a combination of the orders set out in subsection (1). 39. Allowances of the chairperson and members of the Complaints Commission The chairperson and members of the Complaints Commission shall be paid such allowances as the Salaries and Remuneration Commission may determine. 40. Protection of the Complaints Commission from liability A member of the Complaints Commission shall— (a) be free from any criminal or civil liability for anything done or said in his capacity as a member of the Commission; and (b) not be subject to court summons to give evidence on any proceedings before the Commission or any of its panels. 41. Record of proceedings The Complaints Commission shall keep or cause to be kept a record of all proceedings of the Complaints Commission. 42. Appeals (1) A person aggrieved by a decision of the Council may appeal to the Complaints Commission against that decision in such manner as may be prescribed. 15 A person aggrieved by a decision of the Council may appeal to the Complaints Commission against that decision in such manner as may be prescribed. 15 Media Council Act (Cap. 411B) Kenya (2) A party aggrieved by the decision of the Complaints Commission may, after thirty days after the Commission has made its decision, apply to the High Court for such orders as the court may, in exercise of its jurisdiction under Article 165(6) of the Constitution, think just. 43. Decisions of the Commission to be final Where no application is made to challenge the decision of the Commission within thirty days of the date of the decision, the decision of the Commission shall be final and binding to the parties. 44. Procedures of the Complaints Commission Except as expressly provided in this Act or any regulations made thereunder, the Complaints Commission shall have power to regulate its own procedure. Part V – MISCELLANEOUS PROVISIONS 45. Code of conduct (1) The journalists and media enterprises shall keep and maintain professional and ethical standards and shall, at all times, comply with the code of conduct set out in the Second Schedule. (2) The Cabinet Secretary on recommendation of the Council may, from time to time, amend the Second Schedule. 46. duct set out in the Second Schedule. (2) The Cabinet Secretary on recommendation of the Council may, from time to time, amend the Second Schedule. 46. Accreditation of journalists (1) The Council shall consider and approve applications by foreign journalists for accreditation to practice in Kenya and may charge such fees as the Cabinet Secretary in consultation with the Council, may by notice in the Gazette prescribe. (2) The accreditation shall be valid for a renewable period of twelve months. (3) In considering an application for accreditation of a foreign journalist in Kenya, the Council shall ensure that such accreditation does not prejudice the employment opportunities of qualified and registered local journalists or other media practitioners. 47. Unaccredited institutions (1) An educational institution that is not accredited under any written law or that has not been granted a charter shall not offer or teach courses in journalism. (2) An institution that offers or teaches courses in journalism contrary to subsection (1) commits an offence and the proprietor, director or manager of such institution shall be liable, on conviction, to a fine not exceeding twenty-five thousand shillings or to imprisonment for a term not exceeding two years, or both. 48. l be liable, on conviction, to a fine not exceeding twenty-five thousand shillings or to imprisonment for a term not exceeding two years, or both. 48. Offences (1) A person who— (a) without lawful justification fails or refuses to comply with the direction of the Council; (b) obstructs or hinders the Council in the exercise of its powers under this Act; (c) furnishes information or makes a statement to the Council which he or she knows to be false or misleading in any material particular; or 16 s Act; (c) furnishes information or makes a statement to the Council which he or she knows to be false or misleading in any material particular; or 16 Media Council Act (Cap. 411B) Kenya (d) when appearing before the Council or any of its committees, for examination, makes a statement which he knows to be false or misleading in any material particular, commits an offence. (2) A person convicted of an offence under this section shall be liable to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding six months, or both. (3) A person who is convicted of an offence under subsection (2) shall be liable, for any subsequent offence, to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding two years, or to both. (4) Where any offence mention in subsection (1) is committed by a body corporate, the body corporate, every principal officer or staff of the corporation directly responsible for the acts or omissions constituting the offence shall be liable to the fines and term of imprisonment specified in subsections (2) and (3). 49. ble for the acts or omissions constituting the offence shall be liable to the fines and term of imprisonment specified in subsections (2) and (3). 49. General penalty (1) A person who contravenes any provision of this Act or regulations made thereunder for which no penalty is specifically provided for shall be liable, upon conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding six months, or both. (2) Where an offence under subsection (1) is committed by a body corporate, the corporate body and every principal officer or staff of the corporation directly responsible for the acts or omissions constituting the offence shall be liable to the fine not exceeding two million shillings or imprisonment for a term not exceeding two years or to both. Part VI – PROVISIONS ON DELEGATED POWERS 50. Regulations (1) The Cabinet Secretary shall in consultation with the Council, make regulations for the better carrying out of the provisions of this Act. (2) Without prejudice to subsection (1), the council may make rules to govern its own procedures. e better carrying out of the provisions of this Act. (2) Without prejudice to subsection (1), the council may make rules to govern its own procedures. (3) For the purposes of Article 94(6) of the Constitution— (a) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect provisions of this Act and to fulfillment of the objectives specified under this section; (b) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provision Act (Cap. 2) and the Statutory Instruments Act (Cap. 2A). Part VII – REPEAL AND TRANSITIONAL PROVISIONS 51. [Spent] 52. [Spent] 17 d General Provision Act (Cap. 2) and the Statutory Instruments Act (Cap. 2A). Part VII – REPEAL AND TRANSITIONAL PROVISIONS 51. [Spent] 52. [Spent] 17 Media Council Act (Cap. 411B) Kenya FIRST SCHEDULE [s. 10] CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL 1. (1) The Council shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting. (2) Meetings of the Council shall be convened by the chairperson. (3) Notwithstanding the provisions of subparagraph (1), the Chairperson shall convene a special meeting of the Council at any time upon receipt of a requisition signed by not less than five members of the Council calling upon the Chairperson to do so, and such special meeting shall be held not later than twenty-one days from the date of receipt of the requisition. (4) Unless three quarters of the total members of the Council otherwise agree, at least fourteen days’ written notice of every meeting of the Council shall be given to every member of the Council. (5) The quorum for the conduct of the business of the Council shall be five members. ing of the Council shall be given to every member of the Council. (5) The quorum for the conduct of the business of the Council shall be five members. (6) The chairperson or, in the absence of the Chairperson, a member elected to act as chairperson at a particular meeting of the Council, shall preside at each meeting of the Council and the person presiding at any meeting shall have a casting vote. (7) The decision of the Council shall be by a majority of the members present and voting at the meeting. (8) Subject to paragraph (4), no proceedings of the Council shall be invalid by reason only of a vacancy among members thereof. (9) Subject to provisions of this Schedule, the Council may determine its own procedure and for the attendance of other persons at its meetings and may make standing orders in respect thereof. 2. he Council may determine its own procedure and for the attendance of other persons at its meetings and may make standing orders in respect thereof. 2. (1) If a member is directly or indirectly interested in any contract, proposed contract or other matter before the Council and is present at a meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration, he or she shall, at the meeting and as soon as reasonably practicable before or after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, ask questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter. (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council in writing for that purpose. SECOND SCHEDULE [s. 45] THE CODE OF CONDUCT FOR MEDIA PRACTICE, 2025 Part I—PRELIMINARY 1. Citation This Code may be cited as the Code of Conduct for Media Practice, 2025. 2. THE CODE OF CONDUCT FOR MEDIA PRACTICE, 2025 Part I—PRELIMINARY 1. Citation This Code may be cited as the Code of Conduct for Media Practice, 2025. 2. Interpretation In this Code, unless the context otherwise requires— 18 Interpretation In this Code, unless the context otherwise requires— 18 Media Council Act (Cap. 411B) Kenya “claim” means any statement, assertion, or representation of fact, opinion, or belief presented as true in a publication, whether in written, oral, or digital form, that is subject to verification unless derived from a privileged or legally protected document where verification is impracticable; “graphics” means any visual representation, image, illustration, diagram, chart, symbol, or design, whether static or animated, created or displayed in a digital, printed, or physical medium; “person subject to the Act” means a journalist, media practitioner or media enterprise; "Phone-in commentary" means a form of live broadcast in which members of the public call in by telephone to express opinions, ask questions, or provide feedback on a topic being discussed on a radio or television programme; “watershed period” means the period between 5:00 am to 10:00 pm during which content broadcast or disseminated should be suitable for family viewing or listening. 3. od” means the period between 5:00 am to 10:00 pm during which content broadcast or disseminated should be suitable for family viewing or listening. 3. Objects of the Code The object of this Code is to— (a) promote ethical journalism by ensuring accuracy, fairness and objectivity; (b) safeguard public interest by balancing press freedom with responsibility; (c) prevent media malpractice, including misinformation, disinformation, bias, and sensationalism; (d) promote national values and principles of good governance; (e) ensure accountability and professional discipline among media practitioners; (f) protect individuals’ rights, dignity, and privacy from unwarranted media intrusion; (g) promote diversity, inclusion, and fair representation in media coverage; (h) align media practices with national laws and international standards; (i) foster public trust in the media through responsible and credible reporting; (j) provide a framework for addressing ethical breaches and professional misconduct; and (k) support a free and responsible press as a pillar of democracy. Part II — ACCURACY, BALANCE AND FAIRNESS 4. eaches and professional misconduct; and (k) support a free and responsible press as a pillar of democracy. Part II — ACCURACY, BALANCE AND FAIRNESS 4. Duty to ensure accuracy A person subject to this Act shall— (a) make all attempts to verify facts for accuracy and authenticity before publication or broadcast; (b) ensure that opinions, commentaries, and editorials are based on verifiable facts; (c) label photographs, videos, and voice recordings with the date, location, and context of capture; (d) ensure that images are not manipulated in a manner that distorts reality or misleads the audience; (e) label all graphics as such; (f) ensure documents and other sources used to generate content are authentic, credible and where applicable, from authoritative sources; (g) verify the accuracy of statements and allegations made in public spaces before publication; and (h) ensure all claims are verified before publication, except where such claims are drawn from privileged or otherwise legally protected documents and their verification is impracticable. 19 e publication, except where such claims are drawn from privileged or otherwise legally protected documents and their verification is impracticable. 19 Media Council Act (Cap. 411B) Kenya 5. Media Council Act (Cap. 411B) Kenya 5. Balance and fairness in reporting A person subject to this Act shall— (a) make reasonable efforts to seek comments from any person mentioned adversely in editorial content, unless such mention occurs in an opinion or commentary where the underlying facts are already publicly established; (b) present all material sides of an issue being published in a fair and impartial manner; (c) preserve evidence of unsuccessful attempts to contact persons adversely mentioned in a publication; (d) clearly distinguish between comment, conjecture, and fact in all reporting; (e) ensure that headlines accurately reflect the content and context of the subject matter; (f) where headlines contain allegations, attribute the source or enclose the allegation in quotation marks; (g) treat all subjects of news coverage with respect and dignity; (h) exercise special sensitivity when reporting on victims of crime or tragedy; (i) inform the public without bias or stereotype and promote a diversity of expressions, opinions, and ideas; (j) avoid prejudicial or derogatory references to a person’s race, ethnicity, clan, religion, political affiliation, sex, sexual orientation, or physical or mental disability, unless such reference is demonstrably relevant to the story; (k) accord equitable treatment to all persons as news subjects or sources, and shall not deliberately exclude any group from news coverage; and (l) take into account cultural and contextual differences in the representation and treatment of persons in media content. oup from news coverage; and (l) take into account cultural and contextual differences in the representation and treatment of persons in media content. 6. Corrections and right to reply A person subject to the Act shall — (a) issue a correction promptly upon discovery or notification of an inaccuracy; (b) provide a fair opportunity for individuals or organisations to respond to inaccuracies when reasonably called for, ensuring that such responses retain their essence while allowing for necessary edits; (c) ensure that any corrections state the accurate information without repeating the original error, except where such repetition is necessary for clarity; (d) publish an apology where directed by the Media Council or the Complaints Commission, in the manner specified; and (e) amend or remove the inaccurate content from digital platforms with an accompanying explanatory note for the audience. Part III—INDEPENDENCE, INTEGRITY, AND ACCOUNTABILITY 7. Independence and ethical conduct A person subject to this Act shall— (a) identify themselves when gathering news; 20 INTEGRITY, AND ACCOUNTABILITY 7. Independence and ethical conduct A person subject to this Act shall— (a) identify themselves when gathering news; 20 Media Council Act (Cap. 411B) Kenya (b) not obtain or seek information, recordings or images through misrepresentation or subterfuge, except where public interest justifies such means and no alternative exists; and (c) obtain documents, recordings or photographs only with the express consent of the owner or subject, unless overriding public interest demands otherwise. 8. in documents, recordings or photographs only with the express consent of the owner or subject, unless overriding public interest demands otherwise. 8. Editorial integrity and avoidance of undue influence A person subject to this Act shall— (a) maintain editorial independence in all production and publication of editorial content; (b) ensure that editorial content remains free from undue influence by advertisers, media owners, sources, subjects, powerful individuals, government, or special interest groups; (c) present editorial content with integrity and common decency, and avoid real or perceived conflicts of interest; (d) declare and manage all conflicts of interest, including those arising from gifts, funding, advertising, discounts, or sponsored travel or services; (e) refrain from political or other external activities that may compromise journalistic integrity or public confidence in impartiality of reporting; and (f) clearly disclose where editorial content that is sponsored, including the identity of the sponsor, and distinguish such material from independent journalism. 9. sclose where editorial content that is sponsored, including the identity of the sponsor, and distinguish such material from independent journalism. 9. Prohibition on improper conduct A person subject to this Act shall not— (a) solicit or accept payments, gifts, favors, or compensation from those seeking to influence coverage; (b) engage in activities that may compromise their professional integrity; (c) exploit information, images, or documents obtained through media enterprises in the course of work for personal gain; (d) use journalistic information collected in the course of their work for purposes other than informing the public; (e) intimidate, harass or manipulate sources of information. 10. n collected in the course of their work for purposes other than informing the public; (e) intimidate, harass or manipulate sources of information. 10. Accountability to the public and the profession (1) A person subject to this Act shall— (a) make inquiries and report with sensitivity and discretion in matters involving grief, shock or personal tragedy; (b) refrain from breaking news of death to the immediate family members where reasonably possible; (c) respond to public concerns, investigate complaints, and correct errors promptly; (d) respect copyright and authorship rights by appropriately attributing all borrowed material to original source; (e) clearly distinguish editorial content from marketing, advertisements, political materials, or sponsored content; (f) refrain from photographing or recording individuals in private settings without their knowledge unless justified by the public interest; and (g) before recording or broadcasting a conversation, inform any party to the call of the intent to do so, unless public interest justifies otherwise. 21 ) before recording or broadcasting a conversation, inform any party to the call of the intent to do so, unless public interest justifies otherwise. 21 Media Council Act (Cap. 411B) Kenya 11. Mandatory delay for live broadcasts A media enterprise shall incorporate a minimum seven seconds delay in live broadcasts to prevent the unintended publication of material that violates this Code. 12. Responsibility of an editor The editor or other person in charge of content shall assume responsibility for all published, broadcast or disseminated material, including advertisement content. 13. Author’s byline Editorial content shall bear the name or pseudonym of its author unless anonymity is required for the safety or protection of the journalist. 14. line Editorial content shall bear the name or pseudonym of its author unless anonymity is required for the safety or protection of the journalist. 14. Sponsored content and advertising ethics (1) A person subject to this Act shall— (a) ensure that sponsored content adheres to the standards of accuracy, fairness, and objectivity to editorial content; (b) establish systems for disclosure and labelling to enable the public to easily identify sponsored material; (c) refrain from carrying advertisements that reinforce negative stereotypes; (d) not display or publish advertisements that exploit vulnerable groups, including children and persons with disability; (e) clearly distinguish between editorial content and advertising, public relations, or corporate communications; and (f) disclose material conditions, such as financial compensation or free products, that influence or affect endorsements. 15. Obscenity, taste and tone (1) A person subject to this Act shall not publish— (a) content that is obscene, vulgar, or offensive unless it has overriding news value and the public interest justifies its publication; and (b) images of mutilated bodies, violence, or abhorrent scenes unless anonymized and clearly serving a public interest purpose. es its publication; and (b) images of mutilated bodies, violence, or abhorrent scenes unless anonymized and clearly serving a public interest purpose. (2) A verbal and visual warning shall precede the transmission of potentially distressing content in news, factual programming or current affairs broadcasts. 16. Confidentiality, privacy, and protection of sources (1) A person subject to this Act shall— (a) respect individuals’ reasonable expectation of privacy unless such privacy is outweighed by the legitimate public interest; (b) ensure data collected is accurate, securely stored, and only used for legitimate journalistic purposes; (c) balance media freedom with individuals’ right to privacy unless outweighed by compelling public interest; (d) bear the burden of proof in establishing that consent was obtained for use of personal data, unless the data is manifestly public or otherwise exempt by law; 22 urden of proof in establishing that consent was obtained for use of personal data, unless the data is manifestly public or otherwise exempt by law; 22 Media Council Act (Cap. 411B) Kenya (e) refrain from processing sensitive personal data unless consent is obtained, the data is manifestly public, or there is a substantial public interest in its use; and (f) not publish phone-in commentaries or personal contact details without consent, unless justified by public interest and in compliance with applicable law. (2) A person subject to this Act shall— (a) identify sources for editorial content; (b) use anonymous or confidential sources only when the public interest justifies it or when disclosure could cause harm to the source; and (c) take reasonable steps to protect the identity of confidential sources, including anonymisation or pseudonymisation where necessary. 17. Prohibition on payment for information A person subject to this Act shall not pay sources for information, unless the public interest overwhelmingly requires such payment, and it is declared, justified, and approved by the editor. Part IV – PROTECTION OF CHILDREN, VICTIMS OF SEXUAL VIOLENCE, AND VULNERABLE PERSONS 18. General principles (1) Exceptional care shall be exercised when reporting on children to ensure their best interests, protection, and overall welfare. General principles (1) Exceptional care shall be exercised when reporting on children to ensure their best interests, protection, and overall welfare. (2) A child, or their parent or legal guardian, shall not be compensated for information concerning the child’s welfare, unless it is demonstrably in the child’s best interest. 19. r legal guardian, shall not be compensated for information concerning the child’s welfare, unless it is demonstrably in the child’s best interest. 19. Standards for children’s programming A program intended for children shall— (a) convey the underlying message appropriate for children; (b) feature content that promotes emotional, moral, spiritual, mental, or physical development; (c) be consistent with the best interests of the child; (d) avoid language or gestures that encourage disrespectful behaviour among children; (e) exclude vulgar, profane, offensive, sexually suggestive, derogatory, or demeaning language ; (f) avoid content that promotes unhealthy eating habits; (g) not depict sexual acts, sexual organs, or sexually suggestive content is prohibited; (h) not glorify violence, or portray force as an acceptable means of resolving conflicts; (i) not promote or depict the consumption of tobacco, alcohol, narcotics, inhalants, depressants, hallucinogens, or other prohibited substances; (j) not promote gambling or portray it as a desirable or aspirational activity; or (k) not feature advertisements for products inappropriate or potentially harmful to children. 20. rtray it as a desirable or aspirational activity; or (k) not feature advertisements for products inappropriate or potentially harmful to children. 20. Obligations relating to children A person subject to this Act shall— (a) not report on children in matters involving their personal welfare without the consent of a parent or legal guardian, except where overriding public interest justifies such reporting; 23 volving their personal welfare without the consent of a parent or legal guardian, except where overriding public interest justifies such reporting; 23 Media Council Act (Cap. 411B) Kenya (b) minimize depictions of violence and strong language in children’s content, ensuring contextual suitability for the target age group; (c) avoid publication of sexual content during the watershed period; (d) ensure that any necessary content is appropriately classified for the intended audience; (e) where possible, ensure digital platforms used for distributing children’s content incorporate parental controls and age-based content filtering mechanisms; (f) portray children in a dignified manner that upholds their rights and avoids objectification; (g) not publish a child’s full names, images, or other identifying details unless absolutely necessary and consented to by a parent or guardian; (h) exercise heightened sensitivity when reporting on children, victims of crime, or individuals rendered vulnerable by trauma, injury, illness, or other factors; (i) not sensationalise children’s experiences or exploit distressing situations for dramatic or commercial effect; and (j) provide appropriate context when reporting on children’s issues to ensure accuracy and avoid misrepresentation or stigma. 21. mmercial effect; and (j) provide appropriate context when reporting on children’s issues to ensure accuracy and avoid misrepresentation or stigma. 21. Restrictions on photography and coverage (1) Photographs and names of missing children may be published only with the approval of the relevant authorities or a responsible adult. (2) Children shall not be interviewed or photographed in educational or formal institutions without the consent of a parent, guardian, or relevant authority. (3) Special attention shall be paid to children who are victims, witnesses, or otherwise involved in criminal matters to safeguard their identity and wellbeing. 22(1). tion shall be paid to children who are victims, witnesses, or otherwise involved in criminal matters to safeguard their identity and wellbeing. 22(1). Obligations concerning digital and online platforms and reporting on sexual violence A person subject to this Act shall— (a) ensure that the online forum targeting children or young adults does not disseminate harmful, malicious, or exploitative content, including content that amounts to cyberbullying; (b) not publish explicit content, language, or suggestive themes that promote inappropriate behaviour in children during the watershed period; (c) not publish advertisements unsuitable for children immediately preceding, during, or immediately after a child-friendly program; (d) ensure a safe and controlled environment for children involved in content creation; (e) ensure that financial, commercial or marketing interests do not override or compromise a child’s well-being or rights. 22(2). in content creation; (e) ensure that financial, commercial or marketing interests do not override or compromise a child’s well-being or rights. 22(2). A person subject to this Act shall — (a) report on sexual violence cases with sensitivity and avoid sensationalism; (b) not spread misinformation about the causes, frequency or effects of sexual violence; (c) avoid reinforcing social norms that promote gender discrimination, inequality, or sexual violence; and (d) not identify, directly or indirectly, victims of sexual assault without their informed and voluntary consent. 24 equality, or sexual violence; and (d) not identify, directly or indirectly, victims of sexual assault without their informed and voluntary consent. 24 Media Council Act (Cap. 411B) Kenya 23. Obligations of media enterprises (1) Media enterprises shall ensure that news, current affairs, emergency announcements, and programming of national interest are accessible through closed captioning, subtitling, or sign language inserts. (2) Media enterprises shall develop and implement internal child protection policies and designate a child protection focal person responsible for ensuring compliance with this Part of the Code. Part V — PROTECTION AGAINST HATE SPEECH, RELIGIOUSINCITEMENT, AND ETHNIC CONFLICT 24. responsible for ensuring compliance with this Part of the Code. Part V — PROTECTION AGAINST HATE SPEECH, RELIGIOUSINCITEMENT, AND ETHNIC CONFLICT 24. Obligations of media practitioners and platforms A person subject to this Act shall— (a) be responsible for hate speech published or disseminated on their platform; (b) refrain from quoting persons making derogatory remarks based on ethnicity, race, creed, colour, or sex or other protected characteristics, except where the public interest requires and the context is properly framed; (c) avoid the use of racist, ethnically offensive, or derogatory terms in any media content; (d) redact offensive words when reporting hate speech for public interest purposes ; (e) not use religious content to maliciously attack, insult, harass, or ridicule other faiths, sects, or denominations or their adherents; (f) avoid glamorizing occultism, witchcraft, exorcism, paranormal activities or pseudo-scientific practices; and (g) ensure religious content featuring superstitious or pseudo-scientific beliefs and practices, is presented responsibly in a manner that does not mislead the public or contravene this Code. 25. titious or pseudo-scientific beliefs and practices, is presented responsibly in a manner that does not mislead the public or contravene this Code. 25. Obligations on reporting ethnic, religious, or sectarian conflicts (1) Content related to ethnic, religious, or sectarian disputes shall be published only— (a) after proper verification of facts; and (b) with caution and restraint, with the aim of fostering national harmony and peace. (2) Editorial content, reports, or commentaries shall not be published in a manner likely to inflame passions, aggravate tensions or exacerbate strained relations between communities. 26. Standards of reporting on court matters (1) When reporting on court proceedings, crime, offences, crisis situations, or violence, a person subject to this Act shall— (a) report accurately and without sensationalism; (b) respect the presumption of innocence until proven guilty; (c) avoid prejudicing ongoing investigations or court proceedings; (d) avoid glorifying crime or presenting criminals in a positive or romanticised light; and (e) exercise sensitivity when reporting on victims of crime or violence, in respect to vulnerable persons including children or survivors of sexual violence. 25 se sensitivity when reporting on victims of crime or violence, in respect to vulnerable persons including children or survivors of sexual violence. 25 Media Council Act (Cap. 411B) Kenya Part VI—USER-GENERATED CONTENT, USE OF ARTIFICIAL INTELLIGENCE AND OTHER TECHNOLOGIES 27. Obligations regarding the use of artificial intelligence and other technologies A person subject to this Act shall— (a) ensure that the use of artificial intelligence and other emerging technologies in content creation — (i) is fair and unbiased; (ii) does not perpetuate harmful stereotypes; (iii) does not compromise accuracy; or (iv) respects intellectual property rights; (b) disclose to the audience whenever artificial intelligence has been used in the creation, modification, or editing of images, videos, or other editorial material; (c) ensure that artificial intelligence and other technologies used in content creation do not generate or disseminate misinformation or disinformation; (d) ensure that artificial intelligence-generated or technology-assisted content is reviewed by human editors and approved before publication; and (e) refrain artificial intelligence from cloning the likeness, voice, or persona of real individuals without their informed consent, unless justified in the public interest and in compliance with the applicable law. 28. or persona of real individuals without their informed consent, unless justified in the public interest and in compliance with the applicable law. 28. Liability for user-generated content (1) A media enterprise shall be liable for third-party user-generated content published on its website or platforms. (2) A person subject to this Act shall— (a) clearly distinguish between editorial content and user-generated content; (b) monitor their platforms and take appropriate measures to prevent or remove content that— (i) is unlawful; (ii) violates human dignity or privacy; or (iii) constitutes hate speech. (c) conduct prior review of user-generated content where possible to prevent violations. 29. Content moderation and compliance measures A person subject to this Act shall— (a) adopt and prominently publish third-party content management policies, including— (i) the rules governing user-generated content; (ii) policies on anonymous comments; and (iii) procedures for reporting and addressing policy violations. (b) provide a simple mechanism for users to report unlawful or policy-violating third-party content; 26 or reporting and addressing policy violations. (b) provide a simple mechanism for users to report unlawful or policy-violating third-party content; 26 Media Council Act (Cap. 411B) Kenya (c) implement mechanisms to identify and disable content that— (i) constitutes hate speech; (ii) endangers the safety or physical integrity of individuals; or (iii) results in serious violations of human rights. (d) take immediate action to investigate and remove unlawful or inappropriate content upon becoming aware of its existence; (e) establish specific procedures for the swift identification and takedown of content that violates this Code or any applicable law; and (f) inform the public that user-generated content is posted directly by users and does not necessarily reflect the views of the media enterprise Part VII — GAMING, BETTING AND LOTTERY 30. ated content is posted directly by users and does not necessarily reflect the views of the media enterprise Part VII — GAMING, BETTING AND LOTTERY 30. Obligations of persons subject to this Act (1) A person subject to this Act shall— (a) uphold the principles of fairness, accuracy, and avoidance of bias when advertising or promoting gaming, betting, and lottery activities on media platforms; (b) clearly segregate gaming, betting, and lottery content from general consumption content; (c) ensure that gaming, betting, and lottery content does not— (i) portray, condone, or encourage socially irresponsible behaviour; (ii) present gambling as a solution to financial problems; or (iii) link gambling to sexual success, enhanced attractiveness, or personal achievement; (d) prominently display or quote the Betting Control and Licensing Board license number on all advertisements and promotional material related to gaming, betting, and lottery activities; (e) implement measures to limit exposure of gaming and betting content to children and other vulnerable persons; and (f) include a disclaimer in all gaming, betting, or lottery content, warning audiences of the risks of addiction and financial loss associated with gambling. lude a disclaimer in all gaming, betting, or lottery content, warning audiences of the risks of addiction and financial loss associated with gambling. (2) A person subject to this Act shall not— (a) advertise or promote any gaming, betting, or lottery activity that is not duly authorized by the Betting Control and Licensing Board or any other relevant regulatory authority; and (b) conduct or broadcast gaming or lottery activities on their platform without prior approval from the Betting Control and Licensing Board or relevant authority. Part VIII — GENERAL 31. Obligations for classification of non-editorial content A person subject to this Act shall— (a) ensure that all non-editorial content broadcast, streamed, or published on their platform is classified according to age-appropriate categories; 27 a) ensure that all non-editorial content broadcast, streamed, or published on their platform is classified according to age-appropriate categories; 27 Media Council Act (Cap. Media Council Act (Cap. 411B) Kenya (b) apply content classification guidelines issued by the Kenya Film Classification Board, or any other relevant authority; (c) clearly display classification ratings before the start of any non-editorial content, including but not limited to— (i) films, television programs, and digital content; (ii) advertisements and commercial content; (iii) gaming, betting, and lottery-related material; and (iv) music videos, animations, and interactive content; (d) include visual or audio classification indicators at the start of and during the broadcast of non- editorial content, with appropriate warnings for content that may contain— (i) violence, strong language, or distressing scenes; (ii) sexual content or nudity; (iii) drug use, substance abuse, or self-harm themes; or (iv) any other potentially harmful material; (e) ensure that non-editorial content broadcast during the watershed period complies with child protection standards specified under this Code and all applicable laws; and (f) establish mechanisms to advise users of available content controls or age restriction tools where applicable, recognising that full control over access lies with platform providers or users themselves. ontent controls or age restriction tools where applicable, recognising that full control over access lies with platform providers or users themselves. 32. Dispute resolution (1) Media enterprises shall maintain in-house procedures to resolve complaints swiftly and, where required to do so, co-operate with the Media Council of Kenya. (2) Any dispute arising under this Code shall be addressed in accordance with the procedures and mechanisms set out in the Act. (3) Where a breach of this Code is established, the applicable penalties and sanctions shall be imposed as provided under the Act, including those relating to reprimand, suspension, deregistration, fines or any other lawful remedy. 28
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