FIDA-Kenya Warns Public Against Sharing Private Images, Cites Criminal Liability
The Federation of Women Lawyers in Kenya (FIDA-Kenya) has issued a firm warning to the public against the non-consensual sharing of private images and videos, cautioning that the practice is illegal, harmful, and exposes perpetrators to serious criminal and civil liability.
In a statement released on Monday, January 19, 2026, the women’s rights organisation said the rapid circulation of viral content involving private individuals on social media platforms continues to violate fundamental rights enshrined in law. FIDA-Kenya emphasised that even seemingly harmless actions such as reposting, commenting on, or forwarding such content may amount to participation in an unlawful act.
“The non-consensual sharing of private or intimate images is a gross violation of human dignity, privacy, and bodily autonomy,” the organisation stated, adding that digital virality does not excuse or legitimise unlawful conduct.
According to FIDA-Kenya, the practice directly contravenes Articles 28 and 31 of the Constitution of Kenya, 2010. Article 28 guarantees the right to inherent dignity, while Article 31 protects every person’s right to privacy, including the right not to have information relating to their family or private affairs unnecessarily revealed.
The organisation further noted that the circulation of such content constitutes a criminal offence under existing statutes. These include the Data Protection Act of 2019, which prohibits the unauthorised processing and sharing of personal data, and Sections 37 and 42 of the Computer Misuse and Cybercrimes Act of 2018, which criminalise the intentional and unlawful publication of intimate images without consent.
“Sharing, reposting, or engaging with private content involving individuals without their consent fuels online harassment and may expose offenders to criminal prosecution and civil suits,” FIDA-Kenya warned.
The statement comes amid heightened public debate following the circulation of viral videos involving private individuals that have attracted widespread commentary and condemnation online. One such incident involved footage of a Kenyan woman filmed in a compromised state at an entertainment venue, reportedly without her consent. The video, which began circulating widely on January 17, sparked intense discussion, ridicule, and shaming across multiple social media platforms.
FIDA-Kenya said such incidents highlight the dangers of digital vigilantism and the disproportionate harm suffered by women when private moments are weaponised online.
“Viral videos should never be used to justify public shaming, harassment, or vigilante justice. The law applies equally online and offline,” the organisation stated.
The warning was echoed by the Ministry of Gender, Culture, and Children Services, which on Monday pledged action against individuals found to have recorded and circulated the controversial video. Cabinet Secretary Hanna Wendot said the government would pursue accountability for violations of privacy and dignity, particularly where women are targeted.
Legal experts note that beyond criminal sanctions, victims of non-consensual image sharing may also seek civil remedies. Under Kenyan law, affected individuals can sue for damages arising from emotional distress, reputational harm, humiliation, or defamation.
FIDA-Kenya stressed that women and girls are disproportionately affected by online abuse and non-consensual image sharing, often facing long-term psychological, social, and economic consequences.
“The right to dignity is non-negotiable. Online spaces must not become platforms for abuse under the guise of entertainment or public interest,” the statement read.
The organisation urged Kenyans to exercise restraint, empathy, and responsibility when engaging on digital platforms, reminding users that the choice not to share harmful content is both a moral and legal obligation.
As authorities intensify efforts to regulate cyber conduct, FIDA-Kenya called on social media users to familiarise themselves with the law and to report violations rather than amplifying harmful material.
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FIDA-Kenya Warns Public Against Sharing Private Images, Cites Criminal Liability
