The National Gender and Equality Commission (NGEC) has warned Kenyans that sharing images, videos or personal details of survivors of gender-based violence without consent is a criminal offence that could lead to heavy fines and prison terms.
The advisory comes amid growing concern over the circulation of intimate images, identifying information and child sexual abuse material across social media platforms, a trend the Commission says is causing lasting harm to survivors and discouraging others from seeking justice.
In a public statement issued by NGEC Chairperson Rehema Dida Jaldesa, the Commission said digital platforms have become an important tool for reporting and investigating sexual and gender-based violence. But it warned that the same technology is increasingly being misused to expose survivors to further abuse.
“The Commission is profoundly alarmed by the sharp rise in the non-consensual sharing of intimate images, the circulation of personal data and images of survivors of Sexual and Gender-Based Violence, especially children, and the dissemination of child sexual abuse material across social media and other digital platforms,” Jaldesa said.
The Commission said the practice amounts to a second wave of abuse for survivors, leaving many to face trauma, public humiliation and stigma long after the initial violence. It added that fear of exposure has become a barrier to reporting offences and accessing justice.
The warning has been echoed by the Wangu Kanja Foundation, a non-profit organisation that supports survivors of sexual violence. The organisation urged Kenyans to respect the privacy and dignity of survivors and reminded the public that suspected cases of sexual violence can be reported through its toll-free helpline, 1519.
NGEC said Kenyan law provides clear safeguards against the disclosure of survivors’ identities and the distribution of intimate images without consent.
It pointed to several statutes, including the Sexual Offences Act, the Children Act, the Data Protection Act and the Computer Misuse and Cybercrimes Act, all of which prohibit the publication of identifying details of survivors or the unlawful sharing of intimate material.
Under the law, offenders may face imprisonment, fines or both, depending on the circumstances of the offence. Cases involving children carry particularly severe penalties. The Commission noted that unlawful processing or disclosure of children’s personal data can attract fines of up to Sh3 million, imprisonment for up to 10 years, or both.
NGEC also referred to previous High Court decisions that reinforced the constitutional rights to privacy and dignity. In one case, the court ruled that taking and distributing nude images without consent violated constitutional protections and awarded damages to the victims. Another judgment similarly found that publishing private intimate photographs without consent breached the right to privacy.
According to the Commission, those rulings underscore that exposing survivors is not only a criminal offence but also a violation of constitutional rights protecting dignity, privacy and children.
The Commission called on media organisations, journalists, bloggers, influencers and content creators to avoid publishing names, photographs, videos or any information that could identify survivors unless authorised by law or directed by a court.
It also urged newsrooms to anonymise survivors in their reporting and observe professional ethical standards when covering cases involving sexual and gender-based violence.
“The protection of the privacy and dignity of GBV survivors is both a legal obligation and a profound moral imperative,” Jaldesa said. “No Kenyan has the right to expose, sensationalize, or exploit the suffering of survivors for personal gain, malice, or negligence.”
The Commission appealed to members of the public to report violations to the National Police Service, the Office of the Director of Public Prosecutions, the Office of the Data Protection Commissioner, the Witness Protection Agency or the NGEC, while calling on authorities to investigate and prosecute offenders without delay.
It said protecting survivors’ identities is essential to preserving their dignity, supporting criminal investigations and ensuring victims can pursue justice without fear of public exposure or retaliation.
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