(1) A person who intentionally publishes false, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years, or to both.
(2) Pursuant to Article 24 of the Constitution, the freedom of expression underArticle 33 of the Constitution shall be limited in respect of the intentional publication of false, misleading or fictitious data or misinformation that —
(a) is likely to —
(i) propagate war; or
(ii) incite persons to violence;
(b) constitutes hate speech;
(c) advocates hatred that —
(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in Article 27(4) of the Constitution; or
(d) negatively affects the rights or reputations of others.
(2) Pursuant to Article 24 of the Constitution, the freedom of expression underArticle 33 of the Constitution shall be limited in respect of the intentional publication of false, misleading or fictitious data or misinformation that —
(a) is likely to —
(i) propagate war; or
(ii) incite persons to violence;
(b) constitutes hate speech;
(c) advocates hatred that —
(i) constitutes ethnic incitement, vilification of others or incitement to cause harm; or
(ii) is based on any ground of discrimination specified or contemplated in Article 27(4) of the Constitution; or
(d) negatively affects the rights or reputations of others.
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