Rev. 2011]
Kenya Information and Communications
CAP. 411A
THE KENYA INFORMATION AND COMMUNICATIONS
(BROADCASTING) REGULATIONS, 2009
1. These Regulations shall be cited as the Kenya Information and
Communications (Broadcasting) Regulations, 2009.
[Subsidiary]
L.N. 187/2009.
Citation.
Corr. 2010.
Part I—Preliminary
2. In these Regulations, unless the context otherwise requires—
“Act” means the Kenya Information and Communications Act,1998;
“advertise” means to broadcast any item in return for payment or other
valuable consideration to a broadcaster with the intention of—
(a) selling to a viewer or listener, any product or service;
(b) convincing a viewer or listener of a belief or course of action;
or
(c) promoting a product, service, belief, course of action, person or
organisation;
“broadcasting licence” means a license issued by the Commission
permitting the licensee to provide broadcasting services;
“broadcast market” means the area, specified in the broadcasting licence
by the Commission, within which a licensee is licensed to operate;
“child” means any human being under the age of eighteen years;
“disaster” means a serious disruption of the functioning of the society
causing widespread human, material or environmental damage and losses
which exceeds the ability of the affected community to cope using their own
resources, and includes any event or circumstance arising out of accidents,
natural phenomena, fires, floods, explosions,or incidents involving exposure
or potential exposure to radioactive or toxic materials;
“infomercial” means any advertising broadcast in visual or audio form,
lasting for more than two minutes, which may contain demonstrations of the
use of the product or service advertised, and includes direct offers to the public
in return for payment, and results in the broadcaster receiving payment in
monetary terms or otherwise;
“licensee” means holder of a broadcasting services licence;
“local content” means the total of all television or radio programmes
which fulfil any five of the following conditions:
(a) the production is made in either Kenya’s native languages or official
languages of Kenya;
169
Interpretation.
Corr. 2010.
No. 2 of 1998.