No. 2 of 1998
(i)
(j)
Kenya Information and Communications
[Rev. 2018]
ensure that advertisements, either in terms of content, tone or
treatment, are not deceptive or are not repugnant to good taste;
ensure that derogatory remarks based on ethnicity, race, creed,
colour and sex are not broadcast.
(2) Where—
(a) any cinematograph film has been submitted under any law for
classification or censorship and approved for exhibition; and
(b) where approval of the film for exhibition has been denied or has been
given subject to excisions, no broadcaster shall—
(i) in the case of any film in respect of which such approval has
been denied, broadcast the film or any part thereof; or
(ii) in the case of any film that has been approved for exhibition
subject to excisions therefrom, broadcast that film or any part
thereof if the film or, as the case may be, that part thereof
includes any part of the film required to be excised;
except with the consent of and subject to any conditions given by the Kenya Film
Censorship Board established under the Films and Stage Plays Act (Cap. 222).
(3) A broadcaster licensed to distribute radio or television programme shall
broadcast on radio or television such percentage of Kenyan programmes as shall
be prescribed by the Authority.
[Act No. 1 of 2009, s. 16, Act No. 41A of 2013, s. 17.]
46J. Revocation of licences
The Commission may in accordance with this Act revoke a licence to broadcast
where the licensee—
(a) is in breach of the provisions of the Act or regulations made
thereunder;
(b) is in breach of the conditions of a broadcasting licence; or
(c) fails to utilize the assigned broadcasting frequencies within such
period as the Authority shall stipulate in the licence.
[Act No. 1 of 2009, s. 16, Act No. 41A of 2013, s. 18.]
46K. Regulations on broadcasting
The Minister may, in consultation with the Commission, make regulations
generally with respect to all broadcasting services and without prejudice to the
generality of the foregoing, with respect to—
(a) the facilitation, promotion and maintenance of diversity and plurality
of views for a competitive marketplace of ideas;
(b) financing and broadcast of local content;
(c) mandating the carriage of content, in keeping with public interest
obligations, across licensed broadcasting services;
(d) prescribing anything that may be prescribed under this Part.
[Act No. 1 of 2009, s. 16.]
46L. Requirement for complaints procedure
(1) All broadcasters shall establish and maintain a procedure, by which persons
aggrieved by any broadcast or who allege that a broadcaster is not complying with
this Act, may file complaints.
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