Kenya: Language of hate – balancing freedom and equal rights

It’s never easy finding a balance between freedom of expression and freedom from persecution. When international statesmen and lawyers drew up the International Covenant on Civil and Political Rights (adopted by the UN General Assembly in 1966), they had to work out how you could protect the right to freedom of expression while not allowing that freedom to be used to attack the human rights of others through hate speech and incitement.

A simple answer has never been found. So, when in the wake of the post-election violence of 2007-8 and the use of hate speech by power or wealth-hungry politicians and the broadcasting of hate speech by radio stations, the Kenyan power-sharing government sought to introduce hate speech legislation it was a tough task.

Laws came into force in March this year to ban the use of hate speech that would threaten peace, the coexistence of different communities and national security. They were immediately criticised within Kenya and also by NGOs, like Article XIX, which champion freedom of speech and the media. Critics worry that legislation could be used to stifle free speech and dissent. But like all those who try to prevent hate speech and incitement, the Kenyan government is caught between a rock and a hard place.

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