The National Gender and Equality Commission (NGEC) has issued a fresh warning over the growing publication of sexual and gender-based violence (SGBV) survivors' identities online, cautioning that those sharing names, images, videos and other identifying details without legal authority could face criminal penalties.
In a public advisory released on Tuesday, July 21, the commission urged media practitioners, bloggers, influencers, content creators and social media users to refrain from posting, forwarding or circulating any material that can reveal the identity of survivors, saying the practice is causing further harm to victims.
NGEC said it is increasingly concerned by the spread of intimate images, personal information and child sexual abuse material across digital platforms, warning that the trend is exposing survivors, particularly children, to trauma, discrimination and emotional distress.
“The Commission is profoundly alarmed by the sharp rise in the non-consensual sharing of intimate images (commonly known as “revenge pornography”), the circulation of personal data and images of survivors of Sexual and Gender-Based Violence (SGBV/GBV), especially children, and the dissemination of child sexual abuse material (CASM) across social media and other digital platforms,” the advisory stated.
The commission reminded digital publishers and members of the media that protecting the privacy of survivors is both a legal and ethical obligation. It said any publication of identifying information should only be done where there is court authorisation.
The advisory comes as concerns continue to grow over the speed at which graphic and sensitive material is shared across social media platforms, often reaching thousands of users within a short time.
According to NGEC, such conduct not only exposes survivors to fresh suffering but also discourages victims from reporting sexual and gender-based violence cases, weakening efforts to ensure justice is served.
The commission appealed to the public to report anyone unlawfully sharing survivors' personal information to law enforcement agencies and data protection offices. It also called on the relevant authorities to investigate such incidents and take legal action against those responsible.
NGEC further reminded the public that the disclosure of information capable of identifying victims of sexual offences is prohibited under Kenyan law.
It said the Sexual Offences Act, 2006 provides penalties for anyone who publishes or discloses the identity of a sexual offence victim, including names, photographs, videos or other personal details. Offenders risk imprisonment of at least three years or fines, with the punishment depending on whether the victim is a child or an adult.
The commission also cited the Data Protection Act, 2019, which protects personal information, including names, photographs and videos. Anyone found in violation may face fines of up to Sh3 million, imprisonment of up to 10 years, or both.
In addition, the Computer Misuse and Cybercrimes Act, 2018 makes the unauthorised sharing of intimate images a criminal offence. Those convicted face fines of up to Sh200,000 or imprisonment for up to two years, while individuals who facilitate the offence risk fines of up to Sh7 million, imprisonment of up to four years, or both.