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