Is hate speech a crime in Kenya?

Kenya. In Kenya, hate speech is regulated, but not strictly defined by law, including article 33 of the constitution “and three enabling Acts, such as the National Integration and Cohesion Act, 2008 and Media Act 2007”.

What is a hate speech?

In the context of this document, the term hate speech is understood as any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality …

What speech is illegal?

Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial …

What is hate speech examples?

For example, the Nazi swastika, the Confederate Battle Flag (of the Confederate States of America), and pornography have all been considered hate speech by a variety of people and groups.

Is hate speech unprotected speech?

When Is Offensive Speech Unprotected? Speech which is merely offensive is always protected by the First Amendment. However, some types of speech which are often conflated with “hate speech,” but which go beyond expressions of opinion can, in limited circumstances, be unprotected by the First Amendment.

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Is hate speech protected in schools?

Hate speech is protected by the First Amendment

But every court to consider such a hate speech code declared it to be unconstitutional. … Campuses can regulate when and where speech takes place in order to prevent disruption of school activities.

How is freedom of speech regulated in Kenya?

Freedom of expression is enshrined in Article 33 of Kenya’s 2010 constitution and includes the right to seek, receive, or impart information and ideas, while Article 31 provides for the right to privacy. These rights, however, do not extend to propaganda, hate speech, or incitement to violence.

What Constitution says about freedom of speech?

First Amendment. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

What does the Kenyan Constitution say about religion?

The constitution stipulates there shall be no state religion and prohibits religious discrimination. The constitution provides for freedom of religion and belief individually or in communities, including the freedom to manifest any religion through worship, practice, teaching, or observance.

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