The National Gender and Equality Commission (NGEC) has issued a stern warning to media outlets, social media users, and content creators against sharing identifying details or sensitive content involving survivors of sexual and gender-based violence (SGBV) without explicit legal clearance. In a public advisory issued Tuesday, July 21, the commission instructed the public to immediately stop posting, forwarding, or publishing names, photographs, videos, or any personal data that could reveal a survivor’s identity. NGEC voiced severe concern over the mounting trend of non-consensual image sharing online, pointing out that such exposure inflicts fresh trauma, stigma, and danger on survivors, particularly children.
“The Commission is profoundly alarmed by the sharp rise in the non-consensual sharing of intimate images (commonly known as revenge pornography), the circulation of personal data and images of survivors of Sexual and Gender-Based Violence (SGBV/GBV), especially children, and the dissemination of child sexual abuse material (CSAM) across social media and other digital platforms,” the advisory stated. The commission called on journalists, bloggers, influencers, and digital publishers to strictly adhere to media ethics by safeguarding survivor privacy and securing prior court authorization before publishing sensitive details. The warning comes as graphic and personal content spreads rapidly across digital networks, a trend NGEC stated could intimidate victims into silence and severely compromise ongoing legal cases.
The commission called on the public to report digital abuses to law enforcement and data protection officers, while demanding swift state prosecution against offenders. Kenyan statutes strictly prohibit disclosing the identity of sexual offense victims. Broadcasters, digital publishers, and online users who violate these standards face severe statutory penalties, according to NGEC: Sexual Offences Act (2006): Publishing information that identifies a sexual violence survivor carries a minimum 3-year prison sentence alongside substantial fines.
Data Protection Act (2019): Unlawful sharing of sensitive personal data exposes offenders to fines of up to Ksh 3 million, up to 10 years in prison, or both. Computer Misuse and Cybercrimes Act (2018): Non-consensual distribution of intimate images carries fines of up to Ksh 200,000 or 2 years imprisonment for individuals, while platforms or individuals facilitating the crime face fines reaching Ksh 7 million or 4 years in prison. Children Act: Mandates strict protection of children’s privacy and rights, making any digital exploitation or unauthorized data processing involving minors a heavily penalized offense.