The Media Council of Kenya (MCK) has issued an advisory on the mandatory delay for live broadcasts over increasing inflammatory statements, misinformation and manipulated media content across various platforms.
The warning by the regulator comes in the wake of a backlash from Kenyans, including the clergy, over verbal insults and personal attacks that have characterised public rallies.
Citing a breach of the Code of Conduct for Media Practice in Kenya anchored in the Media Council Act, MCK expressed concern over what it termed unchecked live broadcasts of public rallies.
The Council, which has called for enforcement and vigilance, says the Act applies to journalists, media practitioners and media enterprises operating on both online and offline platforms.
“Full responsibility lies with all media houses for every piece of content broadcast on their platforms….a mandatory 7-second delay be strictly enforced on all live transmissions, without exception”. it warns.
Additionally, it affirmed that a well-regulated media ecosystem should uphold freedom of expression while ensuring responsibility and accountability.
Such an environment, it explained, should promote public-interest journalism, strengthen democratic governance, and operate within a framework that respects and advances the principle of unity in diversity as a foundational value of the Republic of Kenya.
“The Media Council of Kenya has noted an increase in inflammatory statements, misinformation and manipulated media content broadcast through media platforms. This includes unchecked live broadcasts of public rallies, which breach the Code of Conduct for Media Practice in Kenya”, the statement reads.
Clause 11 of the Code states, “ A mandatory delay for live broadcasts – A media enterprise shall incorporate a minimum seven-second delay in live broadcasts to prevent the unintended publication of material that violates this Code.”
The measure is designed to prevent the real-time airing of material that may violate the code, including hate speech, obscenities, or unverified information.
Further, the seven-second delay allows editors to decide whether the content is suitable for broadcast.
“Although the MCK and the media sector are not responsible for utterances made at political rallies or other public gatherings, once such remarks are transmitted via a media platform, they become subject to media regulations. In this regard, the MCK reminds all media houses to remain vigilant and to take pre-emptive action to avoid breaching the Code of Ethics”, MCK underscores.
Consequently, media houses have been advised to ensure that editorial content, news items or commentaries are not published in a manner likely to inflame passions or aggravate tensions.
At the same time, MCK urges responsible journalism, noting that in reporting on hate speech for public interest purposes, offensive words must be redacted.
“While exposing unguarded or irresponsible statements by public figures serves the public interest by enabling citizens to scrutinise their leaders, any legal infractions arising from such content – whether hate speech or other harmful material – ultimately attract legal responsibility on the part of the platform or publisher that disseminates it”, the Council warns.
