- EDITOR’S BRIEF: Millie Odhiambo’s proposed bill is a bold move in the fight against revenge porn in Kenya. While there are concerns about the severity of the proposed punishment and the potential for abuse of the law, it is clear that something needs to be done to protect individuals from the harmful effects of revenge porn. If passed into law, the bill could serve as a model for other countries in the region looking to tackle this growing problem.
Kenyan Member of Parliament, Millie Odhiambo, has proposed a bill that would make it illegal to share private photos on social media. The bill, dubbed the Computer and Cyber Crimes (Amendment) Bill 2021, seeks to amend the existing law to include a provision that makes it a criminal offense to share private photos without the consent of the person depicted in the photo.
Under the proposed law, individuals found guilty of sharing private photos without consent would face a maximum sentence of life imprisonment. In addition, the bill proposes hefty fines for those found guilty of the offense, with fines ranging from KES 20 million (approximately $185,000) to KES 50 million (approximately $462,000).
The proposed legislation is aimed at curbing the growing trend of “revenge porn” in Kenya, which involves the sharing of sexually explicit images or videos without the consent of the person depicted in the material. Revenge porn is often used as a form of blackmail or as a means of humiliating or shaming the person depicted in the material.
In recent years, the issue of revenge porn has gained widespread attention in Kenya, with several high-profile cases making headlines. In 2018, a university student committed suicide after explicit photos of her were circulated on social media without her consent. In the same year, a Kenyan musician was also forced to apologize after sharing explicit photos of a woman on social media.
The proposed bill has received mixed reactions from Kenyans, with some applauding the move as a step in the right direction in the fight against revenge porn, while others have expressed concerns about the severity of the proposed punishment.
Critics of the bill argue that life imprisonment is a disproportionate punishment for the offense of sharing private photos on social media, and that the proposed fines are also excessive. Some have also raised concerns about the potential for abuse of the law, with fears that it could be used to stifle freedom of expression.
However, supporters of the bill argue that the severity of the punishment is necessary to deter individuals from engaging in revenge porn, which they argue is a serious violation of an individual’s privacy and dignity. They also argue that the fines are justified, given the harm caused by revenge porn, which can lead to psychological trauma and even suicide.
If passed into law, the bill would join a growing number of similar laws around the world aimed at tackling revenge porn. In the United States, several states have enacted revenge porn laws, with offenders facing imprisonment and fines. In the United Kingdom, revenge porn has been a criminal offense since 2015, with offenders facing up to two years in prison.
