Parents who post photos of their naked children on social media now face a maximum fine of Ksh20 Million or a maximum jail term of 25 years, if found guilty by a court of law.
According to the Cybercrimes Act signed into law by President Uhuru Kenyatta last week, anyone who shares such pictures will be held liable for child pornography.
This law will apply to parents who share photos of their children’s genitals or their naked bodies on social media.
In the Constitution, child pornography is defined as any visual depiction involving the use of a minor, or one appearing to be a minor, engaging in the sexually explicit conduct.
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The Visual depictions include photographs, film, video, pictures or computer-generated images or pictures, whether made or produced by electronic, mechanical, or other means.
Popular groups, especially on Facebook, that focus on parenting and babies are popular with photos of sick children posted by concerned parents.
Lawyers have stated that even though there is no sexual purpose to the photos of a child’s diaper rash, as long the child’s private parts are visible in the image and it is clear that it is a minor’s photo, then the parent seeking medical advice from social media will be held liable for violating the child’s privacy.
The children’s act states that depicting the images of a naked child is a violation of their rights, particularly the right to protection against abuse.
According to the Children Act of 2001: “Where any person willfully or as a consequence of culpable negligence infringes any of the rights of a child as specified in sections 5 to 19 such person shall be liable upon summary conviction to a term of imprisonment not exceeding twelve months, or to a fine not exceeding fifty thousand shillings or to both such imprisonment and fine.”
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Notably, those who hide behind a pseudonym or fake accounts on social media will not be spared since the Internet Protocol address can be traced to them.
