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No More Porns in Kenya. Strict Laws to Be Introduced

Kevin Ochieng

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Photo courtesy: Garissa Township MP, Aden Duale.

Garissa Township MP Aden Duale has made proposal  to make it illegal to possess or publish pornography in any computer system or data storage device.

The former National assembly Majority leader wants the government, through the National Computer and Cybercrimes Coordination Committee, to block access to pornographic websites by persons within Kenya.

The proposed law which is to be cited as the Computer Misuse and Cybercrimes (Amendment) Act, 2020  is set for publication and introduction in the National Assembly for discussion in the course of the week.

The law intends to amend the Computer Misuse and Cybercrimes Act. This will introduce harsh penalties for any violations.

If the bill is passed into law, one  will face a Sh20 million fine or 20 years in jail if found in possession of pornographic material in their phones, computer devices or publishes the same on the Internet.

The proposed bill will  make it illegal for any person to produce pornography for the purpose of publication through a computer system.

“A person shall not knowingly download pornography, distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any way, or make available in any way from a telecommunications apparatus,” part of the Bill reads.

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However, Duale seeks to provide exemptions for cases where a publication is proved to be justified as being for the public good.

This will be on the ground that such book, pamphlet, paper, writing, drawing, painting, art, representation or figure is in the interest of science, literature, learning or other objects of general concerns.

Musicians who produce content judged as sexually explicit will not be exempted from the law.

The legislation further seeks to make it illegal to print, take photographs, copy or make material that is deemed to be sexually explicit.

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