48

CAP. 411A

Kenya Information and Communications

[Rev. 2011

(a) that person provides a broadcasting service which is not
of a description specified in the licence;
(b) that person provides broadcasting services in an area for
which he is not licensed to broadcast; or
(c) that person broadcasts in contravention of the Act or the
licence conditions.
(3) A person convicted of an offence under this section shall, on
conviction, be liable to a fine not exceeding one million shillings or to
imprisonment for a term not exceeding three years, or both.
Transitional
provisions.
1 of 2009, s.16.
Broadcasting Content
Advisory Council.
6 of 2009, Sch.

46R. The transitional provisions set out in the Fifth Schedule to
this Act shall have effect with respect to broadcasting permits issued
prior to the commencement of this Act.
46S. (1) There is established a Council to be known as the
Broadcasting Content Advisory Council, in this section referred to as
“the Council”.
(2) The Council shall—
(a) be responsible for and make decisions on—
(i) the administration of the broadcasting content aspect and
provisions of this Act;
(ii) the mechanisms for handling complaints under this
Act;
(b) monitor compliance with broadcasting codes and ethics for
broadcasters; and
(c) have such other functions and powers as the Board may
determine.
(3) The Council shall consist of—
(a) the Permanent Secretary in the Ministry for the time being
responsible for information and communications, or his
representative;
(b) six other members appointed by the Minister as follows—
(i) two members nominated by the Commission, one of

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