DOI: 10.21276/sjahss.2016.4.6.18 Available Online: http://saspjournals.com/sjahss 738 Scholars Journal of Arts, Humanities and Social Sciences ISSN 2347-5374 (Online) Sch. J. Arts Humanit. Soc. Soc. Sci. 2016; 4(6B):738-744 ISSN 2347-9493 (Print) ©Scholars Academic and Scientific Publishers (SAS Publishers) (An International Publisher for Academic and Scientific Resources) Implementation of the Regulatory Framework on Adult Media Content and Its Impediments in Protecting Children in Kenya Vivian Moraa Nyaata 1 , Michael M. Ndonye 2 1 University of KwaZulu-Natal, South Africa 2 Lecturer, Comm-Media, Kabarak University, Kenya *Corresponding Author: Vivian Moraa Nyaata Email: vmtesi@gmail.com This article delves into the regulatory loopholes that enable media to disregard the laws and the regulations regarding adult content in Kenya. The concern is whether in terms of implementation, the existing regulatory regime governing broadcast media in Kenya adequately protect children from adult content. The researchers first analyse the sexual content broadcast in Kenyan radio, television, music and video, news and advertisement; and the extent to which the regulatory framework is effective or otherwise. Thereafter, the impediments to effectiveness of the implementation of regulatory framework are evaluated. Lastly, the conclusions are drawn with recommendations based on the results. The findings reveal that Kenyan media houses regularly air sexually explicit programs during the day in complete disregard of media laws. Evidence presents insufficient independence of the regulatory bodies due to the manner in which appointments of officials are made. Moreover, the fact that many of the leading media houses are owned by prominent politicians is a major impediment to the implementation of a child protective broadcast framework in Kenya. The findings also show that there is confusion about the process that a complainant should follow in Kenya; a situation that has not been challenged by Kenyans, probably due to the lack of media literacy in the country. The researchers recommend adoption of a single independent media regulatory body so as to ensure effectiveness in the regulation of adult content in Kenya. Further, the established body should adopt a clear and consistent rating system and installing V-chips in television sets. This way, the parents, the media and the regulatory bodies will participate in the regulation making and this will mean it will be more effective than it is currently. Keywords: Broadcast Media, Adult Content, Child Protection, Regulatory Framework INTRODUCTION Sexually explicit content is a norm in Kenya’s radio and television. These daytime broadcasts are in violation of numerous laws regarding child protection. One of the regulatory bodies (the Media Council of Kenya) has severally published reports of dissatisfaction among the Kenyan populace about sexually explicit content in broadcast media [ 1 ]. The Association of Progressive Communications states that as early as 2009, the government of Kenya received complaints about the lurid content aired on broadcast media [ 2 ]. Since then, the respective government stakeholders have failed to address the issue. Below is an example of a narrated experience with regard to the concern of this paper: “Last year in May, at around 8:30am in the morning, I was sitting in a Matatu (public service vehicle) with my sister, elderly mother, nephew and niece (fourteen and ten years old respectively) on our way to my nephew’s school. The Matatu was full of young and old people going to school and work. Suddenly, the Matatu’s driver switched on the radio. It was Classic 105 FM. They were having a sex discussion of whether women should start denying men pare pare’. ‘Pare pare’ is slang for the female sexual organs. And as I was seated there, opposite my elderly mother, elder sister and young niece and nephew, a female caller called in and I quote what she said [ 3 ]. Transcript in Swahili ‘Maina (the name of the host of the show), wanaume wengine ni bure kabisa! Mimi niko na mwanamume anakujanga tu wakati anataka ‘pare pare’. He never visits any other time. Yeye huwa anakuja nampea anaenda,anakuja nampea anaenda.Hata hakuji na sabuni!Kwani anafikiri hii kitu inaoshwa na nini? Yeye anakakuta kitu ni safi, anaichafua halafu anaenda! Hata hawezi niletea sabuni ya kuiosha!Kwani hajui hii kitu inaoshangwa? Kazi ni kuichafua tu! Some men are just useless Maina! Transcript in English [Maina, some men are very useless! I have a man who only comes when he wants my sexual organs. He never visits any other time. He just comes, I give him he goes, he comes I give him, he goes. He doesn’t even come with soap. What does he think this thing is washed with? He finds this thing clean, he dirties it and goes. He can’t even bring me soap