The International Day for Countering Hate Speech, proclaimed by the United Nations General Assembly in 2021, is a global initiative to promote dialogue, protect human rights, and confront the dangers of hate speech in online and offline spaces.
According to the UN, this day, “aims to raise awareness of the dangers of hate speech and promote ways to counter it while respecting freedom of expression and opinion.”
The UN’s Strategy and Plan of Action on Hate Speech provides a framework for governments, civil society, and technology companies to address hate speech, emphasizing the need for a rights-based and inclusive approach.
“Hate speech incites violence, undermines social cohesion and tolerance, and causes psychological, emotional and physical harm to those affected,” statement by the United Nations, International Day for Countering Hate Speech.
Kenya’s Legal and Digital Landscape
Defining Hate Speech: National vs. International Standards
Kenya’s National Cohesion and Integration Act (NCI Act) criminalizes hate speech, but local experts highlight significant gaps compared to international standards.
The Act’s broad and sometimes vague definitions can overreach and leave out critical categories, such as religion.
Victor Kapiyo, Programs KICTANet, says, “There is no global definition, but the UN strategy provides a working definition. Comparing this to the NCIC Act, you see stark differences… Our law focuses largely on criminalizing, without a graduated scale to explore other measures such as conciliation or alternative dispute resolution.”
This focus on criminalization, rather than a nuanced, multi-tiered approach, contrasts with the UN’s guidance that criminal sanctions should be a last resort.
The Role of Technology: Amplifier and Solution
Digital platforms have transformed the reach and impact of hate speech. While technology enables rapid information sharing, it also complicates moderation and detection, especially during sensitive times like elections.
“When we connect using technology, we must choose kindness over any harm that may lead to divides,” Outgoing Executive Director Pollicy Irene Mwendwa discloses.
Civil society organizations like Article 19, KICTANet and the Association for Progressive Communications (APC) emphasize the intersection of technology, gender, and human rights, advocating for solutions that harness ICT for development while safeguarding digital rights.
Media: Both Target and Guardian
The media in Kenya has a dual role: it can either propagate or challenge hate speech. Journalists often face misquotation, online harassment, and even physical threats.
Catherine from Article 19 says, “The media plays a critical role, at times being blamed for propagating hate speech, at times being critical actors in addressing it. We must better support the media as a stakeholder, as they have that normative function to inform, educate, and steer debate.”
Challenges and the Path Forward
1. Balancing Rights and Regulation
Kenya’s experience underscores the challenge of balancing regulation with freedom of expression. Laws intended to curb hate speech can sometimes be used to suppress legitimate dissent. The UN and local advocates call for reforms that align with international standards, ensuring necessity, legitimacy, and proportionality in legal frameworks.
“Criminal sanction should be a measure of last resort… We need a graduated scale to comply with international standards,” Victor Kapiyo, KICTANet.
2. Stakeholder Collaboration
The UN’s strategy urges collaboration among governments, tech companies, media, and civil society. Proactive, rights-respecting approaches—such as media literacy, alternative dispute resolution, and technology-enabled detection—are key to countering hate speech without infringing on fundamental freedoms.
Looking Ahead: Global Lessons, Local Action
As hate speech evolves in the digital age, the International Day for Countering Hate Speech serves as a reminder of the need for vigilance, reform, and collaboration.
Kenya’s journey reflects broader global challenges—how to harness technology for inclusion, update laws for modern realities, and empower all stakeholders to foster a safer, more respectful information ecosystem.
“We must ensure that the quality of information in our ecosystem helps us meaningfully engage in our democratic process,” says Dr Marystella Simiyu, IPI Africa Senior Legal Advocacy Officer International Press Institute.