New wine, old wineskins : analysis of the challenges facing Kenyan media content regulators in the internet era

Abstract

This dissertation interrogates the preparedness of Kenya’s media content regulators to set, monitor, and ensure compliance with standards and ethics over the internet. When traditional media platforms use the internet for circulation and distribution, there is a dilemma on how to regulate them. Regulatory entities are torn between deploying traditional media regulation or internet governance principles and technologies for regulation and oversight. It is a case study that argues that the evolution of the internet has challenged the traditional content regulation approaches in Kenya by the Media council of Kenya (MCK) and its sister Agencies-the Communications Authority of Kenya (CA) and the Kenya Film Classification Board (KFCB). It also looks and the preparedness of the diplomatic community when called upon to mediate and facilitate cross border enforcement and linkages. While interrogating the knowledge and application of the principles of online content regulation, the author argues that the regulators will soon be unable to effectively discharge their regulatory mandate unless they change their approach and equip themselves with the new skills and equipment required to operate in the new internet-based distribution channels. In addition, modern diplomacy must be tooled to play their part in the new emerging field.