Owalo: Why State cannot pull down offensive content on TV

There is no law empowering the government to pull down content considered offensive aired by the media, according to Information, Communication and Technology CS Eliud Owalo.

Owalo, who appeared before the Senate Ad Hoc Committee investigating the proliferation of religious organisations and the Shakahola massacre, said they have to negotiate with owners of the media channels on whether or not particular content should be pulled down.

However, the CS said his ministry will soon introduce a bill to parliament to give the government powers to manage content and pull down what it would consider offensive, and urged senators and MPs to support the legislation when it finally lands on their floor of parliament.

In view of the Shakahola deaths, Owalo said Kenyans need to change their cultures and attitudes to avoid falling prey to manipulation.

“This will, however, require a multifaceted approach that should include the government and all other stakeholders. The various challenges facing the sector will also be sorted out through digitization,” Mr Owalo told the team chaired by Tana River senator Danson Mungatana.

The CS added: “We are ready to benchmark and borrow from best practices elsewhere on the management of content aired on the various broadcast and social media platforms. This will help us ensure what is put across espouses good moral values for our society and prevent infiltration of negative content that has proved detrimental.”

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Mr Mungatana wondered why Kenyan TV stations lack feedback and complaints platforms such as what is happening in South Africa where viewers are asked to give their comments or complaints over the various programmes.

The senator said ordinary Kenyans are aware of the negative programmes on TV but lack a way of raising complaints, with the relevant government agencies, or even the stations themselves, for action.

Mungatana said the ministry should have ordered the removal of all digital content related to controversial preacher Paul Makenzi the moment it was discovered he was involved in the promotion of cultism.

Makenzi has been accused of luring followers of his Good News International Church in Kilifi County into starving themselves to death in the name of fasting. He is said to have convinced them to do this apparently so they can go and meet Christ. And while this was happening, the preacher is said to have been eating normally. He told his followers that he would also “fast” the way they were doing and join them later.

Makenzi, who is currently in police custody pending investigations into the death of over 400 people, has been in court before over his controversial activities.

“Nigeria is on record suspending the airing of live miracles in their media channels. What about Kenya? Something needs to be done so that we do not have another religious leader indoctrinating Kenyans, the way Mr Makenzie has done, leading to the deaths of over 400 people,” said Mungatana.

Owalo said the government will set up a call centre for all public complaints at the Konza Technopolis. The information received will be relayed to the relevant government departments for necessary action. The phone numbers that will be used will be toll-free, he said.

Mungatana wondered why the Ministry had not taken action against some religious leaders who are openly defrauding Kenyans through the various broadcast channels through which they urge citizens to send some money for instant miracles well aware that this is not true.

He said some religious leaders rehearsed several times before performing the alleged miracle healings in an effort to hoodwink Kenyans.

“If someone is reading to perform miracle healings, he should go to the various hospitals and pray for the sick to get well and go home,” said Mungatana.

He added: “It is unfortunate that we have some religious leaders engaging in activities that are aimed at getting money from desperate Kenyans through content they broadcast on various channels. The time has come for the government to put its foot down to prevent another Shakahola from happening.”

Bungoma Senator Wafula Wakoli called on the Judiciary not to operate in isolation when handling matters of public interest, such as the Shakahola killings.

The legislator cited the case of Makenzie who was arrested and released several times despite the availability of evidence that he was up to no good. In the end, this led to the current catastrophe, Mr Wakoli said.

He said had all the relevant government agencies performed their roles effectively, Makenzie would have been stopped and his radicalization activities ended. “This could in turn have prevented what is currently looking like a genocide with so far more than 400 bodies exhumed and the exercise still going on.”