Editing Telecommunications in Kenya (section)

===Internet censorship and surveillance===

Kenya was rated as "partly free" in the 2009 and 2011 ''Freedom on the Net'' reports from [[Freedom House]] with scores of 34 and 32 which is much closer to the "free" rating that ends at 30 then it is to the "not free" rating that starts at 60.<ref name=FONet-Kenya/> In 2012 and 2013 the rating improved to "free" with scores of 29 and 28.<ref name=FONet-Kenya-2013>[http://www.freedomhouse.org/sites/default/files/resources/FOTN%202013_Kenya.pdf "Country Report: Kenya"], ''Freedom on the Net 2013'', Freedom House, April 2011</ref>

The government does not employ technical filtering or any administrative censorship system to restrict access to political or other content. Citizens engage in the peaceful expression of views via the Internet, including by [[e-mail]], and are able to access a wide range of viewpoints, with the websites of the [[British Broadcasting Corporation]] (BBC), the U.S.-based [[Cable News Network]] (CNN), and Kenya's [[Daily Nation]] newspaper the most commonly accessed.<ref name=FONet-Kenya/> There are no government restrictions on access to the Internet, but Internet services are limited in rural areas due to lack of infrastructure.<ref name=USDOSHRR-Kenya>[https://web.archive.org/web/20110414012823/http://www.state.gov/g/drl/rls/hrrpt/2010/af/154352.htm "Human Rights Report: Kenya 2010"], Bureau of Democracy, Human Rights, and Labor, U.S. Department of State, 8 April 2011.</ref>

The constitution protects [[freedom of expression]] and the "freedom to communicate ideas and information." However, it also grants the government the authority to punish [[defamation]], protect [[Privilege (evidence)|privileged information]], and restrict state employees’ "[[freedom of expression]] in the interest of defense, public safety, public order, public morality or public health." In January 2009, the government passed a controversial Communications Amendment Act that established that any person who publishes, transmits, or causes to be published in electronic form [[obscene]] information commits an offense. The Act also outlines other forms of illegality associated with the use of information and communication technologies. At the end of 2010, the measure had not been used to prosecute anyone for online expression. Under the Act, the [[Communications Commission of Kenya]] (CCK), rather than the independent [[Media Council of Kenya]], is responsible for regulating both traditional and online media. The CCK is also independent, but because the CCK has yet to make any decisions affecting the internet, its autonomy and professionalism in making determinations remain to be seen.<ref name=FONet-Kenya>[http://www.freedomhouse.org/images/File/FotN/Kenya2011.pdf "Country Report: Kenya"], ''Freedom on the Net 2011'', Freedom House, April 2011.</ref>

In July 2009 the government announced that all [[cell phone]] users had to provide the government with their name and identification number. This regulation applies to citizens who access the Internet through cell phone-based services as well.<ref name=USDOSHRR-Kenya/>

On 18 May 2018, the [[Kenya Film Classification Board]] issued a warning stating that any video intended for public exhibition, including [[internet video|video published online]], falls under the Films and Stage Plays Act, and that the creators of such videos must obtain a licence from the KFCB or be subject to fines or imprisonment.<ref>{{Cite news|url=https://www.iafrikan.com/2018/05/18/kenyans-need-a-license-to-post-videos-on-social-media/|title=License registration necessary in Kenya to post videos on the Internet|date=2018-05-18|work=iAfrikan|access-date=2018-05-28}}</ref>