I have been paying attention to Kenya’s attempt to put a new Constitution in place, particularly as it applies to freedom of expression and hate speech. The constitution will be voted on in August.

Kenya, while having some guarantees of free expression in place, takes a much different view on hate speech than the United States. They experience it differently on a cultural and ethnic level.  Hateful rhetoric similar to speech targeting Jews, Muslims, Hispanics and other religious and ethnic minorities that we may find despicable but part of a free society has resulted in full scale riots in Kenya.  They are therefore much more sensitive to the relationship between words, violence and ethnic incitement.

Kenya’s hate speech laws read as follows under Section  Section 62 of the National Cohesion and Integration Act 2008:

“Any person who utters words intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or both or a newspaper, radio station or media enterprise that publishes the utterances referred to in subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding one million shillings.”

Section 13 of the Act stipulates that a person is liable to be charged with hate speech when he or she uses threatening, abusive or insulting words or behaviour or displays any written material.

Think that would fly here in the United States?

I found of particular interest, an opinion piece written by John Orso on the allAfrica.com web site entitled “Hate Speech Must Be Penalised“referring to the recent arrests of Kenyan politicians on hate speech charges. He wrote:

“After the turmoil which followed the 2007 general elections, Kenyans developed certain sensitivities which every politician and public speaker needs to observe whenever addressing the public. On its part, the government has no option but to ensure that laws against hate speech and incitement are applied. In any case, such laws can only serve their purpose as preventative measures”

If that article was written regarding U.S. politician and media exhortations, we would probably snicker.  As long as Glenn Beck or some other political pundit does not exhort us to go out and commit murder, it’s no holds barred with the ratings winner to he or she or screams the loudest and in the most outrageous fashion. Accusations of hate speech routinely fly back and forth here. In reality, they have no standardized meaning so no one cares on a societal level.  It’s just speech.  Words don’t hurt, unless you live in Kenya.  In Kenya it’s life or death.  As we bask in the glory of free speech and the right to say the outrageous at no cost but to our dignity, lets not lose site of the fact that words are sticks and stones, just not here…