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Tech • 11h ago

Kenyan court strikes down law criminalising false information online

Kenyan court strikes down law criminalising false information online
**Kenyan Court Frees Online Speech, Strikes Down Law on Spread of False Information** In a significant victory for online freedom of expression, the Kenyan Court of Appeal has struck down sections of the country's cybercrime law that made it a crime to publish false information online. This ruling is a major setback for the government's efforts to curb online speech and a significant win for civil society groups that have been fighting for digital rights in Kenya. The Computer Misuse and Cybercrimes Act, which was passed in 2018, was aimed at tackling online fraud, hacking, and digital harassment. However, human rights groups argued that some sections of the law were too broad and could be used to silence critics and journalists. They pointed out that the law was being used to arrest and investigate bloggers and social media users who shared information without verifying its accuracy. The Kenyan judiciary has now agreed with these concerns, ruling that sections 22 and 23 of the law are unconstitutional. The judges found that these provisions were too vague and could capture innocent individuals who share information without knowing it is false. They also argued that the law could stifle satire, opinion, and journalistic errors. The ruling is a significant victory for the Bloggers Association of Kenya (BAKE), Article 19 Eastern Africa, the Kenya Union of Journalists, and other civil society groups that challenged the law. According to Kennedy Kachwanya, chairperson of BAKE, the ruling is not just a win for content creators and journalists but for every Kenyan who uses the internet to speak truth to power. While the Court of Appeal has struck down the "false information" provisions, it has left most of the law intact. This means that other provisions of the law, such as those related to online fraud and hacking, remain in place. However, the ruling is a significant step forward for digital rights in Kenya and sets a precedent for other countries in the region. As a country with a growing online population, Kenya's decision to strike down the law on false information is a crucial one. It sends a strong message that online freedom of expression is essential for a healthy and vibrant democracy. This ruling is a reminder that governments must strike a balance between protecting citizens from online harm and respecting their right to free speech.
Source: Original Article • AI-enhanced version for clarity & Nigerian context