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The Kenya Information and Communication (Transitional Provisions) Regulations

Legal Notice 142 of 2012

This is the latest version of this Legal Notice.
The Kenya Information and Communication (Transitional Provisions) Regulations
Citation
Legal Notice 142 of 2012
Primary work
Kenya Information and Communications Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

KENYA INFORMATION AND COMMUNICATIONS ACT

THE KENYA INFORMATION AND COMMUNICATION (TRANSITIONAL PROVISIONS) REGULATIONS

LEGAL NOTICE 142 OF 2012

  • Published in Kenya Gazette Vol. CXIV—No. 130 on 28 December 2012
  • Commenced on 28 December 2012
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1.These Regulations may be referred to as the Broadcasting (Transitional Provisions) Regulations.
2.The parties holding broadcasting permits issued by the Cabinet Secretary prior to the 2nd January, 2009, shall continue to operate in accordance with their existing permits up to the 31st December 2013:Provided that before the expiry of such period, such parties shall apply to the Commission to be licensed under the Act.
3.The parties actively involved in the management and administration of the .ke domain name space prior to the 2nd January, 2009, shall continue to manage their existing delegated sub-domains upto the 31st December, 2013:Provided that before the expiry of such period, such parties shall apply to the Commission to be licensed under the Act.
4.The terms and conditions set out in the Schedule shall apply during the transitional period.

SCHEDULE [para 4.]

CONDITIONS TO APPLY DURING TRANSITIONAL PERIOD

During the transitional period broadcasters shall be required to–(a)adhere to Article 33(2) and (3) of the Constitution;(b)refrain from broadcasting content that is harmful to children, especially during watershed viewing periods;(c)avoid broadcasting or using language that is blasphemous, offensive, profane, sexually explicit or derogatory;(d)broadcast factual reports;(e)avoid unconfirmed reports, opinions, rumors, suppositions or allegations:Provided that where the reports referred to herein are broadcast the broadcaster shall clarify that the information is based on an unconfirmed report, personal opinion, rumor, supposition or allegation;(f)broadcast fairly and accurately, especially on controversial issues of public concern, and endeavor to give fair and equal broadcast to both sides of a controversial debate;(g)endeavor to make correction to any misreporting or exaggeration within a reasonable time, giving the correction equal prominence and emphasis as the misreported news item or information;(h)ensure that before broadcasting information derived from an individual or a personal story, they obtain prior written consent from the individual;(i)abstain from getting information from suspected criminals or paying suspected criminals in exchange for information;(j)exercise caution when making broadcasts on sexual offences, and avoid derogatory or insensitive language, and conceal the identity of victims of sexual offences unless express consent in writing is obtained from the victim;(k)maintain a database of all recordings and transcripts for at least three months before disposal:Provided that no broadcaster shall dispose of or alter any transcript that is the subject of a complaint until the complaint is resolved;(l)ensure that persons with disabilities have access to news and other broadcasts or national importance through incorporation of captioning, sign language and audio descriptions, among other techniques in the broadcasts;(m)ensure legal access rights to programmes broadcast and abide by neighboring rights, copyright and other intellectual property laws;(n)ensure the establishment of an effective complaints handling procedure.
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History of this document

31 December 2022 this version
28 December 2012
Commenced
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