Kenya has laws that address various forms of cybercrime, and some of these laws can be applicable to cyberbullying. The key legislation related to cybercrime in Kenya is the Computer Misuse and Cybercrimes Act, which came into effect in 2018. This law criminalizes various offenses, including unauthorized access to computer systems, unauthorized interception of communications, and the publication of false information.
Section 29 of the Computer Misuse and Cybercrimes Act specifically addresses the offense of unauthorized interference with data. It criminalizes unauthorized access, interception, and disclosure of electronic messages. If someone engages in cyberbullying by unlawfully accessing or intercepting another person’s electronic messages with the intent to harass or cause emotional distress, they may be held liable under this provision.
Additionally, other existing laws in Kenya, such as the Penal Code, may also be relevant in addressing certain aspects of cyberbullying, especially when it involves harassment, threats, or intimidation.
