Huge defamation fines crippling media houses - Media Owners Association

Kalekye says times courts award huge fines yet some cases are frivolous

In Summary
  • She said at times courts award huge fines for defamation cases, yet some cases are frivolous.
  • "These awards are crippling the media and if not checked, might bankrupt the media," she said.
Agnes Kalekye, the Star newspaper COO and Media Owners Association chairperson speaking during the World Press Freedom Day at Safari Park Hotel in Nairobi on May 3,2023
Agnes Kalekye, the Star newspaper COO and Media Owners Association chairperson speaking during the World Press Freedom Day at Safari Park Hotel in Nairobi on May 3,2023
Image: KEITH MUSEKE

Huge fines for defamation cases are negatively affecting the progress of media houses, chairperson of the Media Owners Association Agnes Kalekye has said.

Kalekye was speaking on Wednesday during the World Press Freedom Day summit at Safari Park Hotel, Nairobi.

Kalekye said legal harassment also undermines public interest reporting, in cases where libel cases drain immense resources and time with the risk of criminal prosecution.

She said at times courts award huge fines for defamation cases, yet some cases are frivolous.

"These awards are crippling the media and if not checked they might bankrupt the media," she said.

Kalekye said this has made editorial managers tread carefully as they balance between fair comment and defamation.

"A simple mistake could cost a media company millions of shilling in legal fees and subsequent awards," Kalekye said.

The Star Newspaper's chief operating officer said media freedom is a fundamental pillar of democracy and is crucial in upholding human rights and freedom of speech.

"In recent months we have witnessed a worrying trend in Kenya where threats against media are increasing with methods designed to silence and intimidate the media," she said.

Kalekye added that there are also instances when individual journalists are targeted.

She said at times there is pressure on editorial independence which undermines the business operations of news organisations.

"Physical intimidation remains an effective means to silence the media. Journalists have been unfairly targeted and harassed by state and non-state actors," the MOA chair said.

Kalekye termed such intimidation as a clear violation of the media's right to freedom of expression.

"A case in point is the recent demonstrations called by the opposition, many journalists were attacked by both the police and demonstrators," she said.

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