Kenya is taking decisive steps to address the growing challenges of disinformation and hate speech on digital platforms which continue to threaten social cohesion, undermine democratic processes, and fuel distrust, and conflict. The country is developing a national Code of Practice to promote online information integrity, advocate for the responsible use of digital platforms, and protect fundamental rights and freedoms.

On 12th March 2025, the National Cohesion and Integration Commission (NCIC) convened a one-day expert review session of the draft National Code of Practice on Disinformation and Hate Speech. The proposed Code aims to establish clear guidelines for promoting online information integrity while upholding the constitutional freedoms guaranteed under Article 33 of Kenya’s 2010 Constitution, which provides for freedoms of speech and access to information.

Additionally, the NCIC is currently reviewing the National Cohesion and Integration Act (2008) to ensure it is responsive to emerging challenges to national unity and social cohesion in the digital age. The review will lay the ground for the ultimate implementation of the new Code of Practice.

"The Communications Authority recognizes the transformative power of digital technologies while also acknowledging the potential for misuse. This Code of Practice is a crucial step in establishing a framework that fosters innovation responsibly, ensuring a safer and more inclusive digital environment for all Kenyans." David Mugonyi, EBS - Director General and CEO, Communications Authority of Kenya While technological advancements have expanded access to information and communication, they have also increased the spread and impact of harmful content.

“As we work towards an 'internet of trust,' digital platforms must respect human rights, promote transparency, and ensure accountability. This includes protecting fundamental freedoms of expression, access to information, and addressing harmful online content. UNESCO therefore hopes that this process will result in a code that strengthens information integrity and a healthy digital ecosystem in Kenya.” Misako Ito, UNESCO Regional Advisor for Communication, and Information in Africa.

The Code of Practice is grounded in several key principles including, respect for human rights and fundamental freedoms, transparency and accountability by tech companies, continuous multi-stakeholder engagement and cooperation, and user empowerment in media and Information literacy.

“The responsibility of tech companies and social media providers to take the primary duty to proper action against harmful content cannot be gainsaid. Harmful content is a threat to young democracies like Kenya. Therefore, social media companies must be joined by civil society and MDAs, to work together in a multipronged approach to conclusively deal with the menace, through deliberate content moderation, partnerships, and digital education.” Leo Mutisya, Manager, Media Council of Kenya

The Code will align with national and international legal frameworks, including Kenya’s Constitution, the Kenya Information and Communications Act, and global instruments like the Universal Declaration of Human Rights (UDHR). It also complements the ongoing implementation of UNESCO’s Guidelines for the Governance of Digital Platforms, which promote information integrity and safeguard human rights online.

“We call for a human rights-centered approach in tackling disinformation and hate speech in Kenya that protects citizen’s freedom of expression online. This can be achieved through a multi-stakeholder model in policy and legislative processes, ensuring a robust framework for business and human rights that guides companies on respecting human rights in their content moderation processes and digital media and information literacy training. ARTICLE 19 Eastern Africa

This consultation brought together key stakeholders from the Communications Authority, Media Council of Kenya, Parliamentary Service Commission, Law Society of Kenya, Office of the Data Protection Commissioner, Internews, Article 19 Eastern Africa, and members of the National Coalition on Freedom of Expression and Content Moderation in Kenya. It followed preliminary consultations held in January 2025 in Naivasha, marking a significant step in the development of the code of practice.

The initiative is supported by UNESCO’s EU-funded Social Media 4Peace initiative, which aims to strengthen the resilience of societies to harmful content online, particularly hate speech inciting violence while protecting freedom of expression and promoting peace through digital technologies