In an era where nearly every aspect of our lives is touched by the internet from communication, commerce to social interaction, the dangers lurking in cyberspace have never been more real.
Recognising these threats, the country introduced the Computer Misuse and Cybercrimes Act (2018), a law aimed at curbing cybercrimes while promoting responsible online behaviour.
But what exactly does this law entail, and why should every Kenyan—whether a business owner, student, or casual internet user—be paying close attention?
Enacted in 2018, the Act addresses various offences among others cyberbullying, online fraud, unauthorised access to computer systems, identity theft and the spread of false information online, commonly known as “fake news.”
The penalties for breaching the Cybercrimes Act are severe including either hefty fines or lengthy jail terms. Among its notable provisions which you should be aware of are:
- Unauthorised Access and Hacking
It criminalizes accessing computer systems without permission, which includes hacking into private or government databases.
Offenders face penalties of up to ten million shillings in fines, imprisonment of up to five years or both.
- Cyberbullying and Online Harassment
The Act makes it illegal to use digital platforms to intimidate, harass, or demean others with offensive material. This includes sharing harmful or obscene content, hate speech, and defamation.
With social media becoming a major platform for communication, the law aims to protect users from malicious behaviour, including online harassment and cyberbullying.
Anyone found guilty under this section is liable “to a fine not exceeding twenty million shillings or to imprisonment for a term not exceeding ten years, or to both”, a clear indication that online spaces are not lawless territories where people can hide behind anonymity.
- Publication of False Information
Perhaps one of the most timely aspects of the Cybercrimes Act is its attempt to tackle the rampant spread of fake news.
In recent years, false information has been widely circulated through social media platforms, often with disastrous consequences—whether it be stirring up violence, inciting hatred, or swaying elections.
On this, the law says,” A person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of a person commits an offence and shall on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years, or to both.”
- Identity Theft and Fraud
Offences such as impersonation or unauthorized use of personal data for fraudulent purposes carry heavy penalties.
If found guilty of fraudulently or dishonestly making use of the electronic signature, password or any other unique identification feature of any other person, you are liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding three years or both.
- Child Exploitation and Pornography
The Act has stringent measures to combat the dissemination of child pornography and online sexual exploitation, emphasizing the need to protect vulnerable groups.
Here, the law states that “a person who, intentionally —
(a) publishes child pornography through a computer system;
(b) produces child pornography for the purpose of its publication through a computer system;
(c) downloads, distributes, transmits, disseminates, circulates, delivers, exhibits, lends for gain, exchanges, barters, sells or offers for sale, lets on hire or offers to let on hire, offers in another way, or make available in any way from a telecommunications apparatus pornography; or
(d) possesses child pornography in a computer system or on a computer data storage medium commits an offence and is liable, on conviction, to a fine not exceeding twenty million or to imprisonment for a term not exceeding twenty five years, or both.
- Wrongful distribution of obscene or intimate images
Over the years, obscene and intimate images or videos have flooded different online spaces, more often leaked by bitter spouses, especially when love goes sour.
In some instances, some suspects have been arranged in court but in most cases, the offences go unpunished.
According to the Act, “a person who transfers, publishes, or disseminates, including making a digital depiction available for distribution or downloading through a telecommunications network or through any other means of transferring data to a computer, the intimate or obscene image of another person commits an offence and is liable, on conviction to a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years, or to both.”
Why the Act Matters
The country’s digital transformation offers immense opportunities for growth and innovation, but it also presents many challenges, including a sharp rise in cybercrime, with reports of phishing scams, ransomware attacks, and data breaches becoming more frequent.
There are also numerous acts of computer misuse, which many are unaware of but engage in day in day out oblivious of the risk they pose to them.
The Act serves as a deterrent to crimes, ensuring that the country’s digital infrastructure is secure and that online spaces remain safe for users.
By Newshub