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.
There has been general fear among our journalists of being sued on issues around defamation. This has contributed to self-censorship as we still do not have the capacity to handle legal suits internally.
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.
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.
In a world of disinformation and misinformation, it’s essential to establish credibility for a newsroom to succeed at gaining a loyal following and brand authority. The improved editorial policy that was reviewed through the TrustLaw legal network has helped in continuously shaping the organisation into the trusted source of information that our listeners are hungry for.
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
This guide has been published to assist journalists with minimising their legal liability by providing a checklist of factors to consider before publication.
Read moreUnderstanding defamation laws in Kenya
This guide provides journalists with a practical understanding of defamation laws and the steps they can take to mitigate defamation liability in Kenya.
Read moreUnderstanding the laws on journalistic sources in Kenya
This guide provides journalists with a practical understanding of the legal framework on news sources in Kenya.
Read moreThis impact story is part of a new series to highlight the critical role pro bono legal support can play to strengthen the resilience and sustainability of independent media to counter legal threats.
In 2023, the Thomson Reuters Foundation – in collaboration with the Tow Centre for Digital Journalism at Columbia University – published a first of its kind report titled ‘Weaponising the Law: Attacks on Media Freedom’
Almost half of journalists surveyed – 48% – reported that they or their media organisation had experienced legal threats, with these instances intending to suppress media scrutiny and silence the critical voices of those who hold truth to power. These threats are particularly onerous for small to mid-sized outlets and non-profit media organisations — all growing players of the news ecosystem – where financial pressures have been so severe that these organisations are unlikely to have in-house legal counsel.
In response, the Thomson Reuters Foundation has scaled up its package of legal support to independent newsrooms and media outlets to enhance media legal resilience. If you’re a media freedom-focused non-profit or newsroom looking for legal support, please visit our Legal Service for Independent Media page to find out how we can help or get in touch with the team at [email protected].
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