No. 2 of 1998 (b) Kenya Information and Communications [Rev. 2018] subject to any limitations which the Cabinet Secretary, in consultation with the Authority may, by regulations, determine, to all radio communication stations and radio communication apparatus which is released from within Kenya or its territorial waters, or from any vessel or aircraft which is registered in Kenya. (2) Without prejudice to the liability of any other person, in the event of the contravention of the provisions of subsection (1) or of any regulations or orders made thereunder, occurring in relation to any radio communication station or radio communication apparatus on board or released from any vessel or aircraft, the captain or the person, for the time being, in charge of the vessel or aircraft commits an offence under this Act: Provided that this subsection shall not apply if the contravention consists of the use by a passenger, on board the vessel or aircraft, of any radio communication apparatus not designed or adapted, for transmission (as opposed to reception) which is not part of the radio communication apparatus of the vessel or aircraft. (3) The Cabinet Secretary, in consultation with the Authority may make regulations for the use of radio communication apparatus on board a vessel or aircraft not registered in Kenya while the vessel or aircraft is within the territorial limits of Kenya or its territorial waters. [Act No. 25 of 2015, Sch.] PART IVA – BROADCASTING SERVICES 46A. Functions of the Commission in relation to broadcasting services The functions of the Commission in relation to broadcasting services shall be to— (a) promote and facilitate the development, in keeping with the public interest, of a diverse range of broadcasting services in Kenya; (b) facilitate and encourage the development of Kenyan programmes; (c) promote the observance at all times, of public interest obligations in all broadcasting categories; (d) promote diversity and plurality of views for a competitive marketplace of ideas; (e) ensure the provision by broadcasters of appropriate internal mechanisms for disposing of complaints in relation to broadcasting services; (f) protect the right to privacy of all persons; and (g) carry out such other functions as are necessary or expedient for the discharge of all or any of the functions conferred upon it under this Act. (i) administering the broadcasting content aspect of this Act; (j) developing media standards; and (k) regulating and monitoring compliance with those standards. [Act No. 1 of 2009, s. 16, Act No. 41A of 2013, s. 14.] 46B. Classification of broadcasting services (1) Broadcasting services shall be classified for specified areas according to the following service categories— (a) public broadcasting; 38

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