5.1 Meaning of censorship

Censorship is the suppression, removal or control of speech, writing, images or other information that a government, organisation or individual considers harmful, offensive, dangerous or inconvenient. It can happen before publication, when material is stopped from reaching the public, or after publication, when material is withdrawn or its publisher punished. Censorship matters to journalists because it decides what information citizens can receive, and so affects public debate, accountability and democracy. Example: a student newspaper at a teachers' college in Chesoi had an article on hostel conditions withdrawn by the administration the day before it was due to be printed.

Key terms

• Censor: The person or body that examines content and decides what may or may not be published, broadcast or shown.
• Prior restraint: Stopping material before it is published, for example by a court injunction or by requiring official approval before printing.
• Post-publication censorship: Punishing or withdrawing content after it is out, through confiscation, take-down orders, fines or arrests.
• Chilling effect: The tendency of journalists and citizens to avoid lawful speech because they fear punishment.
• Self-censorship: A journalist or media house holding back content out of fear, pressure or self-interest, without any formal order.

Censorship and legitimate limits

Not every limit on content is censorship in the negative sense. Freedom of expression is not absolute. Article 33(2) of the Constitution of Kenya, 2010 states that freedom of expression does not extend to propaganda for war, incitement to violence, hate speech, or advocacy of hatred that amounts to ethnic incitement, vilification of others or incitement to cause harm. Article 24 also allows rights to be limited by law where the limit is reasonable and justifiable in an open and democratic society. A limit is generally considered legitimate when it:

• Is set by law: It comes from a clear, published law, not from the wish of an official.
• Has a legitimate aim: It protects other people's rights or reputations, national security, public order, public health or morals.
• Is necessary and proportionate: It goes no further than needed to achieve that aim.
• Can be challenged: The affected person can go to an independent court.

Censorship in the negative sense is control that fails these tests, especially control used to hide wrongdoing, silence critics or protect those in power.

Censorship and editing

Editing is the normal professional process of selecting, shortening, checking and improving content before publication. An editor who cuts a defamatory sentence, removes a child victim's name or shortens a story to fit the page is applying professional standards, not censoring. Editing becomes censorship when content is removed to protect an advertiser, owner or official from legitimate criticism.

Who censors

• Governments and state agencies: Through laws, licensing, security forces and control of communication networks.
• Courts: Through injunctions and orders, which are lawful when they meet constitutional tests.
• Media owners and managers: Through editorial instructions that protect business or political interests.
• Advertisers and sponsors: Through pressure or the threat of withdrawing business.
• Online platforms: Through content moderation rules and algorithms that remove or hide posts.
• Social groups: Religious, cultural or political groups that pressure media to drop content.
• Journalists themselves: Through self-censorship.