Shielding community journalism: How pro bono legal expertise broke the cycle of self-censorship for one Kenyan radio station

As Kenyan radio station Radio Domus ramped up the content it was putting out on digital platforms to complement broadcasts, it began to receive an increase in defamation and Intellectual Property (IP) rights claims.

Pro bono lawyers from local law firm, Ochieng Oginga Advocates, stepped in to provide a comprehensive review of the outlet’s editorial policies, updating it in line with the Kenya’s current social, political and legal landscape.

This free legal support allowed the station to report freely again, without penalties, fines or reputational harm.

Community-based journalism at the heart of a healthy democracy

Radio Domus FM is a non-profit youth-centric, 24-hour community radio station in Kajiado and Nairobi, Kenya. Its mission is to provide marginalised communities with vital information to enhance their participation in civic life and hold those in power to account for ensuring their needs are reflected in policy decisions.

Community-based media outlets like this play a vital role in sustaining a healthy democracy. But many lack the financial resources necessary to withstand legal battles and, without access to legal support, can find themselves forced to moderate their critical reporting to avoid costly lawsuits.

This was the case with Radio Domus. The station had received numerous calls and messages from individuals and organisations on issues around defamation and Intellectual property (IP) rights. The messages on IP rights, in particular, had increased in recent years as the station amped up the content it was putting out on digital platforms to complement broadcasts. This created a real need for the station to strategically and proactively strengthen its operational legal resilience.

An editorial refresh

Through TrustLaw, the Thomson Reuters Foundation’s global pro bono service, Radio Domus was connected with local law firm, Ochieng Oginga Advocates for free legal support.

Ochieng Oginga Advocates was able to provide a detailed review of the outlet’s editorial policies and make necessary updates to ensure they were tailored to the very latest social, political and legal landscape.

This support equipped journalists at Radio Domus with the knowledge and tools to better understand evolving media laws in Kenya, especially in areas like digital media and Intellectual Property Rights.

Breaking the cycle of self-censorship

The new editorial policy means that Radio Domus can now build a more sustainable newsroom that serves its community audience while remaining compliant with legal requirements to avoid any penalties, fines or reputational harm.

To help support other Kenyan newsrooms and journalists facing similar challenges, the Thomson Reuters Foundation has also developed a number of free legal resources which can be accessed online:

• Pre-publication Legal Due-Diligence Guide for Journalists: Guide to minimise legal liability by providing a checklist of factors to consider before publication.

• Understanding Defamation Laws in Kenya: Guide providing journalists with a practical understanding of defamation laws and the steps they can take to mitigate defamation liability in Kenya.

• Understanding the laws on journalistic sources in Kenya: Guide providing journalists with a practical understanding of the legal framework on news sources in Kenya.

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If you want to support vital work like this, consider joining TrustLaw. Once a member you can search and volunteer for pro bono opportunities from vetted civil society organisations, social enterprises and independent media.