The Communications Authority of Kenya has noted with concern that broadcasting stations are airing and promoting gaming activities and related advertisements in blatant violation of the provisions of the Kenya Information & Communications Act 1998 (KICA), Kenya Communications (Broadcasting) Regulations 2009, the Programming Code, Broadcasting license conditions as well as the Betting, Lotteries and Gaming Act, Chapter 131 of the Laws of Kenya.
Broadcasters are required by license conditions to ensure that their programming content or services and any promotional materials must not be facilitated or encouraged especially that which is likely to mislead through inaccuracies, ambiguities, exaggeration, omissions or take unfair advantage of any characteristic or circumstance which may exploit consumers‘ vulnerabilities.
Further, Sections 20 and 34 of the Broadcasting Regulations and Section 3 of the Programming Code, prohibits airing of content intended for adult audiences, specifically that which is unsuitable for children during the watershed period. The watershed period runs from 5.00 am to 10.00 pm East African time.
The Authority sought to remind broadcasters that any airing of gaming activities (betting, lotteries, and prize competitions/promotions) on broadcasting platforms must fully comply with the relevant provisions of the Programming Code.
Therefore, there will be no airing of programming that promotes gaming and gaming adverts during the watershed period as prescribed under the Kenya Information and Communication Act1998, the Kenya Communication (Broadcasting) Regulations and the programming code, with effect from Thursday, 9th September 2021.
Failure to comply fully shall lead to regulatory actions being taken against any violation, which will include, but not limited to, levying penalties as prescribed in Section 83A of the Act, suspension of broadcasting license, and revocation of assigned broadcasting frequencies and/or licenses where applicable.
The Authority further sought to assure the public that they would continue to monitor the programmes aired by broadcasters to ensure conformance to the provisions of the Kenya Information and Communications Act, the Broadcasting Regulations, the Programming Code and licensing conditions and all other attendant laws.
Members of the public were encouraged to report any incident, where a broadcaster airs gaming activities during the watershed period, to the attention of the Authority or BCLB.