• Among the common law provisions that the media should be aware of is the Election offences Act of 2016.
• It's mandatory that media guards against fake news and content that is outside Constitutional provisions in the country.
Image: OZONE
The enactment of laws ahead of the August 9, elections might appear late and suspicious but in the end, may prove to be critical in holding fair, credible and acceptable polls.
While some of the laws have existed without raising any concerns, it's important to know them to minimize conflicts with the law.
There exist basic laws around elections that if followed well will greatly minimize the number of petitions emanating from dissatisfaction with the electoral processes.
The petitions include refusal by the contestants and their supporters to accept results as declared by the IEBC, carryovers by dissatisfied party candidates from the party primaries, unfinished cases by the Political Parties Dispute Resolution Tribunal and poor performance by independent candidates.
For the media, given its critical role in the elections, avoiding any conflict with the laws that might constitute an election offence is paramount.
In addition to the routine in house media regulations and editorial policies that guide journalists, the Independent Elections and Boundaries Commission has some guidelines for the media on how to cover the petitions in a professional manner.
It's mandatory that media guards against fake news and content that is outside Constitutional provisions in the country.
Among the common law provisions that the media should be aware of is the Election offences Act of 2016.
The act makes it an offence if it’s deemed that your actions amounted to influencing the election through bribery, inducing voters to disclose choice of a candidate or display ballot (remember our voting is by secret ballot) and access to the whole or part of a computer system used in an electoral process without authorization.
Section 13 of the Act is very elaborate and has sections that concern the media.
They include prints, publishes, distributes or posts up, or causes to be printed, published, distributed or posted up, any advertisement, handbill, placard or poster which refers to any election and which does not bear upon its face the names and addresses of the printer and publisher.
It also includes makes or publishes, before or during an election, for the purpose of promoting or procuring the election of any candidate, any false statement of withdrawal of any other candidate at such election.
The Elections Act 2011; on its part has provisions including making it an offence if you directly or indirectly print, manufacture or supply or procure the printing, manufacture or supply of any election material in connection with the election save on the authority of the Commission.
It also has provisions if one interferes with free political canvassing and campaigning by— using language which is threatening, abusive or insulting or engages in any kind of action which may advocate hatred, incite violence or influence the voters on grounds of ethnicity, race, religion, gender or any other ground of discrimination among others.
The Act allows IEBC to prohibit a media house that contravenes the code of conduct, guides on the allocation of reasonable airtime for all candidates during the campaigns, no broadcasting of exit polls, abide by the elections Act among others.
The country has been investing heavily in making our electoral process credible, trusted and acceptable by Kenyans.
Few individuals who engage in activities that undermine the electoral process and frustrate Kenyan’s aspiration for a peaceful post-election process through acts of commission or omission should be held accountable.
Those who participated in circumventing the will of the people and can be proved beyond any reasonable doubt before the courts need no protection.
It is important to note that any perception of bias and or partiality on the part of the media erodes confidence and risks the journalists' misinformation.
This includes for example premature declaration of winners or losers.
That could lead to cases under the penal code including defamation, publication of false news or incitement to violence.
The Publication of Electoral Opinion Polls Act of 2012 makes it an offence to publish an opinion poll at least five days before the election.
The National Cohesion and Integration Act makes it an offence to publish hate speech.
Other’s requirements are in the programme code for broadcasters including political advertising, bulk SMS among others.
The expectation is just to know these provisions so that media is able to play its core role of providing in-depth and relevant information to the citizens.
This is to enable them to exercise their democratic right to vote.
Just like in other beats, election reporting comes with risks, both legal and professional, that we must be aware of.