In a landmark ruling for press freedom, the Court of Appeal in Kenya has struck down key provisions of the country’s 2018 cybercrime law that criminalised the publication of so-called “false news”.
The decision follows a legal challenge by the Bloggers Association of Kenya, which argued that parts of the Computer Misuse and Cybercrimes Act were vague and violated constitutional rights to freedom of expression, media freedom, and privacy.
In its ruling, the three-judge panel declared Sections 22 and 23 of the law unconstitutional. The judges said the provisions, which criminalised the publication of “false, misleading, or fictitious data”, were overly broad and could easily be misused to target ordinary citizens and journalists.
According to the court, the sections were so wide in scope that they were “likely to capture innocent individuals,” making them difficult to enforce fairly.
The Committee to Protect Journalists welcomed the ruling, describing it as an important step toward protecting independent journalism in Kenya.
However, press freedom advocates say concerns remain over other provisions in the law. The Court of Appeal upheld the rest of the Act, including Section 27, which criminalises cyber harassment and carries a prison sentence of up to 10 years.
Critics say the provision has been used to arrest journalists and could still pose a threat to online expression, although the court ruled that the section was clearly defined and did not violate constitutional protections.
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