The Communications Authority of Kenya (CA) has defended its controversial directive suspending live television and radio coverage of the June 25 anti-government protests, insisting it was not a blanket media blackout but a proportionate measure to safeguard public safety.

In a detailed response filed at the High Court, CA Director-General David Mugonyi argued that the decision stemmed from security concerns after real-time broadcasts were observed to escalate tensions and potentially incite violence.

According to Mugonyi, routine monitoring on the protest day revealed that while morning broadcasts portrayed peaceful demonstrations, the tone shifted drastically mid-morning.

The authority claims that from around 10:05 a.m., footage began to show violent scenes, including attacks on police officers and damage to public property.

He stated that the directive, issued at 12:30 p.m. on June 25, merely instructed media outlets to activate a standard profanity-delay mechanism — a short broadcast lag meant to allow editorial oversight.

He said the move did not prohibit media houses from covering the protests but encouraged delayed or post-event reporting to filter harmful content.

The CA further accused several broadcasters of failing to comply with licensing conditions, including the delay mechanism, which is also considered an international best practice during live coverage of volatile events.

Mugonyi cited incidents of looting in Nairobi, Thika, and Nakuru, and the arson attack on Kikuyu Law Courts and a police station as examples of the deteriorating situation, linking them to the inflammatory nature of some broadcasts.

In its legal defense, the authority invoked Article 33(2) of the Constitution, which limits freedom of expression in cases involving incitement to violence or hate speech, and Article 34(1), which protects media freedom only within those bounds.

It also relied on Section 46I of the Kenya Information and Communications Act, which requires broadcasters to deliver balanced and responsible content, particularly in high-tension scenarios.

The CA insists the directive was lifted once order was restored, calling it a temporary and targeted intervention, not a suppression of press freedom.

Mugonyi urged the court to dismiss petitions filed by the Kenya Union of Journalists (KUJ) and the Media Lawyers Association, arguing that the regulator acted within its mandate to prevent further unrest while still allowing coverage through alternative formats.