discrimination specified or contemplated in Article 27(4). However, in the exercise of the right to freedom of expression, every person shall respect the rights and reputation of others. 72. The right of every citizen to access information is guaranteed under Article 35 of the Constitution. Indeed, every citizen has the right of access to information held by the State; and information held by another person and required for the exercise or protection of any right or fundamental freedom. Article 35(3) requires the Government to publish and publicise any important information affecting the nation. 73. The Government is committed to providing information in a manner that is responsive to technological advances. To this end, the Government enacted the Kenya Information and Communications Act, CAP 411A that provides a framework for the establishment of e-Government, a portal where one can access Government documents and information. The portal seeks to ensure that a Ministry or Government department, agency or local authority, established by or under any law or controlled or funded by the Government can provide public services electronically without necessarily having the public physically visiting the offices. 74. Article 54 of the Constitution also recognizes the rights to persons with disabilities to access information. In order to enhance access to information by persons with disabilities, the Constitution and the Persons with Disabilities Act, Cap 133, Laws of Kenya have recognized Braille and other communication formats and technologies available to persons with disabilities as part of the languages of Kenya. 75. The Government is committed to media freedom. Article 34 of the Constitution guarantees the freedom of the media and for that reason, the Government cannot exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or penalise any person for any opinion or view or the content of any broadcast, publication or dissemination. The Government also encourages the establishment of media houses provided they have registered and secured licenses. Article 34(3)(b) ensures that media houses are independent of control by government, political interests or commercial interests. 76. Article 34(4) states that all State-owned media are free to determine independently the editorial content of their broadcasts or other communications; be impartial; and afford a fair opportunity for the presentation of divergent views and dissenting opinions. The Government enacted the Media Act, Cap 411B, Laws of Kenya which create a regulatory framework to govern the media in Kenya. This freed the airwaves and saw an increase in the number of TV and FM stations. 77. The Government acknowledges the threat that an unregulated or rogue media poses to national security. The Government enacted the Kenya Information and Communication (Amendment) Act No. 41 A of 2013 which amended the Information and Communications Act, 1998 to regulate hate speech and freedom of expression and also provide for the functions of the Communications Commission of Kenya which includes the promotion of “diversity and plurality of views for a competitive marketplace of ideas” and provides that the government may “make regulations generally with respect to all broadcasting services and without prejudice to … the facilitation, promotion and maintenance and plurality of views for a competitive marketplace of ideas”. Further, the Act requires all licensed broadcasters to provide responsible and responsive programming that caters for the varied needs and 21