Proponents of the law, including the legislators who pushed it through parliament, say the proliferation of social media has given rise to new crimes including online scams, which were not covered by previous laws.
New York-based media rights watchdog the Committee to Protect Journalists (CPJ) warned last week however that the bill could criminalise free speech, “with journalists and bloggers likely to be among the first victims if it is signed into law”.
Signed into law the Computer Misuse and Cybercrimes Bill 2018 which provides for timely and effective detection, prohibition, prevention, response, investigation and prosecution of computer and cyber crimes @WilliamsRuto pic.twitter.com/3EVIgryHGw
— Uhuru Kenyatta (@UKenyatta) May 16, 2018
The law lays the ground for investigation and prosecution of computer and cybercrimes including cyber-harassment and “publication of false information”, a statement from the presidency said.
Violations to be penalised under the law include cyber-espionage, false publications, child pornography, computer-borne forgery, cyber-stalking and cyber-bullying among others, the statement said, without spelling out the penalties.
Offenders convicted for sharing “false” or “fictitious” information and propagating hate speech will be liable to a fine of 5 million shillings ($49,776.01) or sentenced to two years in jail, or both.
Lawmakers passed the bill last month despite protests from media practitioners and rights activists that its provisions could be used to stifle press freedoms.
Kenya joins other countries in the region that have passed laws that activists say will curtail free expression.
Earlier this month, Tanzanian bloggers and rights activists won a temporary court injunction against a government order to register online platforms that raised concerns about a crackdown on free speech.
In April, Uganda, another East African country acting to regulate internet use, announced plans to slap a new tax on social media users.