National Assembly Appeals to Supreme Court to Restore Cybercrime Law on False Information
The State is challenging the decision affecting Sections 22 and 23 of the Act, which relate to the publication and dissemination of false information.
Nairobi, Kenya – Kenya's State has petitioned the Supreme Court to reverse a Court of Appeal ruling that deemed two sections of the Computer Misuse and Cybercrimes Act unconstitutional. The State is targeting Sections 22 and 23, which concern publishing and spreading false information. They seek the Supreme Court to reinstate the sections, arguing the Court of Appeal failed to weigh the law's protective measures before overturning them.
The core of the dispute revolves around balancing free speech with the State's authority to penalize the intentional spread of false information. The State asserts the law is not designed to punish honest mistakes, satire, or parody, but rather those who knowingly disseminate false factual claims with the intent to cause harm or disorder.
They contend a proper reading of the law would limit its use to intentional or knowingly false assertions, while safeguarding the public from accidental mistakes, honest dissemination, satire, or commentary. The State also criticizes the Court of Appeal for focusing on potential misuse rather than assessing whether these sections could stand up to constitutional scrutiny when narrowly applied.
They seek the Supreme Court to either maintain Sections 22 and 23 or provide an interpretation that harmonizes them with freedom of expression protections. The State has also expressed worry that leaving the provisions struck down could cause legal ambiguity in ongoing investigations and prosecutions involving false information.
The Supreme Court will thus have to decide if the disputed sections unreasonably infringe upon freedom of expression under the Constitution, or if they can be strictly applied to target deliberate and knowing dissemination of false information. The Court of Appeal’s earlier decision found Sections 22 and 23 unconstitutional, contending their vague language might subject innocent social media users, journalists, and individuals who merely forward information to criminal charges.
This appeal now places the debate before Kenya’s highest court, with the Supreme Court tasked with defining the constitutional boundaries of Kenya’s cybercrime laws and the regulation of false information.
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