SECTOR 1 1.10 The state does not seek to block or filter internet content unless laws provide for restrictions that serve a legitimate interest and are necessary in a democratic society. Over the past two years, the government has been monitoring social media and other new media communications to lookout for the use of “hate speech”. In early 2011 a woman was jailed in Nakuru, Kenya’s fourth largest town for sending an insulting SMS. There have been increasing cases reported to the police which have either been investigated or are under investigation. During election campaigns, there have also been attempts to stop the use of social media for political campaigns. Kenya’s permanent secretary is on record for saying, “Let no Kenyan think there is an email or website that is not being monitored.” The state also actively monitors and tries to control internet content as a means to check growing cyber crime and the explosion of sexually explicit content. In April 2012, about 21 government systems were hacked into, leading to the loss of a large amount of information. Authorities have now asked telecommunications service providers to actively monitor websites to track criminal activities. Telecommunication services are also often asked to release details about the communication of their clients as evidence during investigations and trials. An Independent Communication and Data Protection Bill will seek to regulate the use of social media in order to protect government data and protect people’s right to privacy. The content of the Bill was still being developed in March 2012. Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 22 AFRICAN MEDIA BAROMETER KENYA 2012 3.1 (2005 = n/a, 2007 = n/a, 2009 = 4.7)