[Rev. 2018] Kenya Information and Communications No. 2 of 1998 46G. Private broadcasting services (1) Subject to this Act, the Commission may grant a licence to any person to provide private broadcasting services. (2) A licence granted under this section may include conditions requiring the private broadcaster to— (a) provide coverage in such areas as may be specified by the Commission; (b) in the case of television, include drama, documentaries and children’s programmes that reflect Kenyan themes. [Act No. 1 of 2009, s. 16.] 46H. Commission to prescribe programme code (1) The Commission shall have the power to set standards for the time and manner of programmes to be broadcast by licensees under this Act. (2) Without prejudice to the generality of subsection (1), the Commission shall— (a) prescribe a programming code; (b) review the programming code at least once every two years; (c) prescribe a watershed period programming when large numbers of children are likely to be watching or listening to programmes; and (d) ensure compliance with the programming code prescribed under this section: Provided that the programming code referred to herein shall not apply where a licensee is a member of a body which has proved to the satisfaction of the Commission that its members subscribe and adhere to a programming code enforced by that body by means of its own mechanisms and provided further that such programming code and mechanisms have been filed with and accepted by the Commission. [Act No. 1 of 2009, s. 16, Act No. 41A of 2013, s. 16.] 46I. Responsibilities of broadcasters (1) All licensed broadcasters shall— (a) provide responsible and responsive programming that caters for the varied needs and susceptibilities of different sections of the Kenyan community; (b) ensure that Kenyan identity is developed and maintained in programmes; (c) observe standards of good taste and decency; (d) gather and present news and information accurately and impartially; (e) when controversial or contentious issues of public interest are discussed, make reasonable efforts to present alternative points of view, either in the same programme or in other programmes within the period of current interest; (f) respect the right to privacy of individuals; (g) respect copyright and neighbouring rights in respect of any work or material; (h) keep a program log or machine readable record of its programming for a period of one year after the date of broadcasting; 41