184
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
directly or by implication, mislead members of the public in relation
to the product or service advertised, or about its suitability for the
purpose recommended; and
(b) unfairly attack or discredit, directly or by implication, any other
advertisers, products or advertisements.
(3) A licensee shall, before broadcasting an advertisement, ensure that any
descriptions or claims in the advertisement have been adequately substantiated
by the advertiser.
(4) A licensee shall not unreasonably discriminate against or favour any
advertiser.
(5) A licensee shall exercise responsible judgment when scheduling
advertisements that may be unsuitable for children during periods when large
numbers of children are expected to be watching or listening to programmes.
(6) A licensee shall ensure that—
(a) any advertising breaks are clearly distinguishable from broadcast
programmes; and
(b) its presenters, when reading advertisements, make a clear distinction
between the programming material and the advertisements they
deliver.
Watershed period.
34. (1) A licensee shall ensure that—
(a) content which depicts or contains scenes that are rated by the Kenya
Film Classification Board as adult, or are of the language intended
for adult audiences are not aired during the watershed period;
(b) all programmes broadcast during the watershed period are suitable
for family audiences and the transition from family-oriented to a
more adult programming after the watershed period is gradual;
(c) consumer advice such as warnings, labelling, classification details
and other announcements are given prior to the telecast of a
programme or its trailers.
(d) all trailers and promotional material shown before the watershed
time comply with paragraph (b) and (c).
(2) All licensees shall exercise responsibility in scheduling of programmes
to reduce the risk of causing offence.
Local content.
35. (1) The Commission may require a licensee to commit the minimum
amount of time, as may be specified in the licence, to broadcast of local content
or as may be prescribed from time to time by the Commission by notice in the
gazette: