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KenyaSimplified

Chapter 4, Part 2 · Art. 34

Freedom of the media

2010-as-amended · effective 2010-08-27

Official text

(1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33(2).
(2) The State shall not—
  (a) exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or
  (b) penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.
(3) Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that—
  (a) are necessary to regulate the airwaves and other forms of signal distribution; and
  (b) are independent of control by government, political interests or commercial interests.
(4) All State-owned media shall—
  (a) be free to determine independently the editorial content of their broadcasts or other communications;
  (b) be impartial; and
  (c) afford fair opportunity for the presentation of divergent views and dissenting opinions.
(5) Parliament shall enact legislation that provides for the establishment of a body, which shall—
  (a) be independent of control by government, political interests or commercial interests;
  (b) reflect the interests of all sections of the society; and
  (c) set media standards and regulate and monitor compliance with those standards.
In simple words
  • The freedom and independence of the media is guaranteed.
    Art. 34(1)

    (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33(2).

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  • The State must not interfere with or penalise the media for what it publishes.
    Art. 34(2)

    (2) The State shall not— (a) exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or (b) penalise any person for any opinion or view or the content of any broadcast, publication or dissemination.

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  • State-owned media must be impartial and give fair opportunity to different views.
    Art. 34(4)

    (4) All State-owned media shall— (a) be free to determine independently the editorial content of their broadcasts or other communications; (b) be impartial; and (c) afford fair opportunity for the presentation of divergent views and dissenting opinions.

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Kids explanation
  • News people are free to tell the truth, and the government must not stop them.
    Art. 34(1)

    (1) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in Article 33(2).

    Read the full article →

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