CA: We have no power to pull down illegal content

The government has no legal mandate to pull down any controversial content from social media platforms, Communications Authority of Kenya (CA) Director General Ezra Chiloba said yesterday.

Chiloba’s disclosure emerged after a Senate ad hoc committee investigating the Shakahola deaths questioned Chiloba why his agency failed to pull down cultic content aired by religious TV stations.

The CA boss told the committee chaired by Tana River Senator Danson Mungatana that out of the 109 religious TV stations, only one is off-air and it is difficult to pull down any content that is deemed inappropriate.

He argued that although the country has its own legal provisions for enforcing compliance, it is difficult to deal with social media content because the owners of such platforms are non-citizens and the laws applicable here are not applicable in other jurisdictions.

“The law does not give us the regulatory mandate to pull down content, especially in social media. Monitoring of broadcast content is limited by the geographical reach and capacity of the Communications Authority to log,” said Chiloba.

He went on: “We need a stronger regulatory framework. We have issues with the misuse of social media. Our role is to monitor what is threatening Kenyans. The social media platforms are owned by foreigners and are not bound by our laws.”

He, however, disclosed that his officers have already compiled all the content as aired by Times TV so that the multi-agency team can use it to fix legal and other regulatory gaps.

According to the CA boss, there are serious socio-economic problems bedevilling the society that must be addressed alongside religious cultism.

In the CA programming code, occultism is defined as a belief in the efficacy of various practices based on hidden knowledge about the universe and its mysterious forces.

“To avoid glamorising occultism and to avoid its undesirable consequences, the guidelines require that programmes featuring superstitions and pseudo-scientific beliefs and practices, faith healings or similar subjects shall be carefully presented as not to mislead the viewer/listener,” Chiloba told the committee.

CA’s programming code states that materials that promote or encourage occult practices, black or white magic, witchcraft and similar activities are not admissible during the watershed period.

Chiloba further revealed that religious organizations providing Free to Air television or radio services are required to adhere to the license conditions and the Programming Code pursuant to Section 46 of the Kenya Information and Communications Act (KICA).

“Religious programmes shall not be used to maliciously attack, insult, harass or ridicule other churches, faiths, sects or denominations or their followers because of their beliefs. Religious programmes shall give due regard to the freedom of religion and religious expression,” reads part of the programming code.

In addition, Chiloba asked the committee to allow it more time to respond to the issues of communications and mobile lines associated with the controversial preacher Paul Mackenzie.

Chiloba revealed that records in their possession show that Mackenzie registered four Safaricom lines and two Telkom lines, adding that of the two Telkom lines, one is an inactive merchant account with no link to any bank account.

He, however, clarified Mackenzie’s teachings were not on air on Times TV and that the stations aired content of Pastor Ezekiel Odero who is the proprietor of World Evangelism TV.

Chiloba said that Times TV was hosted by the Pan African Network Group (PANG) broadcasting signal distributor and was broadcasting in Mombasa and Malindi sites.

Newlife Communications Limited Director Pastor Ezekiel Odero was initially supposed to take over Times TV but was later issued a license and opened his station.

Meanwhile, the Hindu Council of Kenya opposed calls by Attorney General Justin Muturi to amend the Societies Act to curb the spread of deadly cults in the country.

Appearing before the Senate Ad Hoc Committee on Proliferation of Religious Organizations, the council said the current law is adequate and only needs full implementation.