House Team Approves Bill Seeking to Criminalize Pornography in Kenya

The National Assembly ICT Committee has endorsed a bill seeking to criminalize pornography in Kenya.

The House team approved the bill sponsored by Garissa MP Aden Duale despite intense lobbying against the proposed law. Rights groups including bloggers, journalists, and human rights defenders urged the committee to delete the provisions banning pornography, arguing that it violates the Constitution.

The Communications Authority of Kenya (CA) also recommended the deletion of the provisions, citing violation of Article 33 and Article 34 of the Constitution.

Duale seeks to amend the Computer Misuse and Cybercrimes Act, 2018 to make it illegal for anyone to share or publish pornographic content through a computer system. He also wants websites that host pornographic content blocked in the country. 

The bill recommends a Sh20 million fine, a 25-year jail sentence, or both for anyone found guilty of sharing pornographic materials.

“A person shall not knowingly publish pornography through a computer system produced pornography for its publication through a computer system, download, distribute, circulate cell, or make it available in any way for telecommunications operators,” the bill reads in part.

The bill defines pornography as any data – visual or audio – that depicts persons engaged in sexually explicit conduct.

“Having considered the Computer Misuse and Cybercrimes (Amendment) Bill, 2021, recommends that the House approves the bill with amendments as proposed,” the ICT Committee says in a report.

“The stakeholder proposes the deletion of the clause but does not offer alternatives of addressing the vice of pornography. The committee recommends the clause be retained.”