BEFORE YOU SHARE THOSE PICS!- THE RIGHT TO PRIVACY

Privacy is a fundamental right that encompasses the protection of a person's intimacy, identity, name, gender, honor, dignity, appearance, feelings, and sexual orientation. In Kenya, Article 31 of the constitution explicitly outlines the right to privacy, emphasizing protection against unwarranted searches, seizures, unnecessary disclosure of personal information, and infringement on the privacy of communications.

However, in recent years, Kenya has witnessed a concerning rise in the non-consensual sharing of personal images – a violation of an individual's privacy and autonomy. This act involves sharing intimate photos and videos without the subject's consent, often accompanied by personal information, exacerbating the breach of privacy. The consequences can be severe, causing psychological harm and violating the constitutional right to privacy.

A notable legal case, Roshanara Ebrahim v Ashleys Kenya Ltd & 3 (2016), exemplifies the severity of such violations. Former Miss Kenya, Roshanara Ebrahim, successfully filed a case against her ex-partner for sharing her intimate images without consent. The court recognized this as a clear breach of the right to privacy and ordered the perpetrator to pay damages, setting a crucial precedent.

The Constitution of Kenya, under Article 20, places an obligation on both state and non-state actors to protect privacy, including the right to informational privacy, covering private photographs. However, the unfortunate reality is that many victims, lacking resources, struggle to access justice. Most cases brought before the courts are initiated by individuals with financial means or with the support of human rights organizations.

The Data Protection Act, specifically Section 26 (e), provides a potential remedy. Victims can file a request with social media platforms to take down or delete non-consensually shared images, offering a legal avenue for those affected.

In conclusion, there is an urgent need for public awareness to educate individuals on the consequences of non-consensual image sharing. Discouraging the distribution of personal images, particularly of an intimate nature, on social media without consent is crucial. Equally important is educating victims on available avenues for redress. By fostering awareness and encouraging responsible online behavior, we can collectively work towards safeguarding the right to privacy for all individuals in Kenya.