Kenya Lacks Online Sexual Protection Laws

A new report released by Equality Now revealed that Kenya still lacks adequate legal mechanisms to address Online Sexual Exploitation and Abuse (OSEA).

The report which was dubbed ‘Stopping Online Sexual Exploitation and Abuse of Women and Girls’, stated that while countries like Kenya have OSEA laws in place, lack of consistent legislation and internationally adopted laws have made obtaining legal recourse a challenge.

According to the Global Lead for Equality Now’s End Sex Trafficking program, Sites Matekaire, perpetrators are taking advantage of the existing gaps to continue exploiting women and girls around the globe.

“In Africa, Kenya was a leader in internet uptake during 2020 and it is among the highest consumers of internet and digital technology on the continent. However, increased connectivity is also making it easier for online sexual exploitation and abuse to occur. Offenders are taking advantage of anonymity online and gaps in the law – especially when it comes to protecting women and girls – to exploit with impunity,” said Matekaire.

The outbreak of Covid-19 in 2020 prompted more people to spend time online. This has led to the emergence of new forms of sexual exploitation such as image-based sexual abuse, live streaming of sexual abuse, and child sexual abuse material.

Matekaire added that the laws currently in place in Kenya do not address the technological aspects of sexual abuse.

“Although Kenya has enacted some laws, such as the Penal Code, the Sexual Offences Act, and the Counter-Trafficking in Persons Act, these laws do not address the technological aspects of sexual abuse, or emerging forms of online sexual exploitation, such as live streaming of abuse, sexual coercion, and extortion, or online sex trafficking,” she said.

The report further indicated that international and national laws are failing to keep pace with advancing technology noting that measures to prevent and detect OSEA have been mostly left to digital service providers and platforms, because of the different contractual, criminal, and private law obligations placed on them in different countries.

Online Sexual Exploitation and Abuse is growing at an alarming rate around the globe, but the full scale of the problem is not known because many cases go unreported. Many victims blame themselves while others feel ashamed of being blamed and shamed by others, among other reasons.

“Victims also fear prosecution or retribution from perpetrators or that the authorities will not take their reports seriously. This lack of reporting contributes to the vicious cycle of abuse,” read a part of the report.

The Equality Now report further said that more attention is paid to monitoring online sexual abuse of younger children than of women, adolescents, and other groups and urged the Kenya government to review and update its laws and policies to fully protect vulnerable people from online sexual abuse and exploitation.

“It is encouraging that Kenya is establishing institutions such as the National Computer and Cyber Crimes Coordination Committee (NCCCC) and we believe that these institutions can better protect people from online sexual exploitation and abuse if there are clear laws and policies in place,” it stated.

Equality Now the organization has laid down various recommendations to the international community to including: developing and adopting binding international standards, reviewing and updating international and regional laws and instruments to ensure they are aligned to the reality of the digital age, and conducting up-to-date research and analysis on OSEA.

The women’s rights organization called on governments to review and update legislation and policies to fully protect vulnerable people from OSEA, strengthen national capacity to address OSEA, and collaborate with other key stakeholders including civil society organizations and digital service providers.

Equality Now is a legal rights organization that focuses on using the law to protect and promote the rights of women and girls.

The organization holds governments to account for enacting and enforcing laws and policies that end legal inequality, sexual and gender-based violence, sex trafficking, online sexual exploitation, and harmful practices such as child marriage and female genital mutilation.