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Post Reply: Blow to Content Creators as Court Declines to Suspend Ban on Online Alcohol Ads

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 8, 2025, 8:31 am</div><div id="pl-7449"  class="panel-layout" ><div id="pg-7449-0"  class="panel-grid panel-no-style" ><div id="pgc-7449-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7449-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">In a significant ruling, the High Court in Nairobi has dismissed an application by a section of content creators to suspend a ban on online alcohol advertisements, dealing a blow to influencers and digital marketers who rely on such promotions for their livelihoods. The decision, delivered by Justice Chacha Mwita, upholds the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA)'s directive, which prohibits the promotion of alcoholic beverages through digital platforms, including social media, websites, and mobile applications. This ruling has sparked widespread debate, with content creators arguing that the ban threatens their income streams, while NACADA defends it as a necessary measure to combat alcohol abuse among Kenya's youth.</p>
<p dir="ltr">The controversy stems from the 2025 National Policy on Alcohol, Drugs, and Substance Abuse, approved by the Kenyan Cabinet on June 24, 2025. The policy, spearheaded by NACADA and announced by Interior Cabinet Secretary Kipchumba Murkomen, introduced sweeping reforms aimed at curbing the rising tide of alcohol and drug abuse in the country. Among its key provisions is a ban on online alcohol sales and advertisements, including promotions by celebrities, influencers, and sports figures on digital platforms. The policy also raised the legal drinking age from 18 to 21 and imposed strict zoning regulations, prohibiting alcohol outlets within 300 meters of schools, places of worship, and residential areas.</p>
<p dir="ltr">NACADA's rationale for the ban is rooted in data highlighting the alarming prevalence of alcohol consumption among Kenyan youth. According to the agency, approximately 4.7 million Kenyans aged 15 to 65, or 13 percent of this demographic, consume alcohol, with the highest prevalence among those aged 18 to 24. The authority argues that online advertisements, particularly those featuring influencers and celebrities, significantly influence young people, with one in four teenagers citing social media promotions as a factor in their alcohol consumption.</p>
<p dir="ltr">The content creators, represented by a group of influencers and digital marketers, filed a petition challenging the ban, arguing that it infringes on their constitutional rights to freedom of expression and economic opportunity. They sought a conservatory order to suspend the directive pending a full hearing of their case, contending that the ban was overly restrictive and lacked sufficient public participation before its implementation.</p>
<p dir="ltr">Justice Chacha Mwita, in his ruling on July 8, 2025, declined to grant the conservatory order, stating that the petitioners had not demonstrated that the ban caused irreparable harm that warranted immediate suspension. The judge emphasized that the policy was enacted to protect public health, particularly among vulnerable youth, and that NACADA's mandate to regulate alcohol advertising was within its legal authority. He further noted that the petitioners could still pursue their case through a full hearing, scheduled for October 27, 2025, to determine the constitutionality of the ban.</p>
<p dir="ltr">The court's decision has effectively upheld NACADA's directive, meaning content creators are barred from promoting alcoholic products on platforms such as Instagram, TikTok, YouTube, and other digital channels. The ruling also reinforces other aspects of the policy, including the prohibition of alcohol advertisements during children's television programs, school events, and national holidays, as well as the requirement for warning labels in English and Kiswahili on all alcohol containers.</p>
<p dir="ltr">The ruling has elicited mixed reactions from various quarters. Content creators expressed disappointment, arguing that the ban threatens their livelihoods in an already competitive digital economy. Many influencers rely on brand partnerships, including those with alcohol companies, to generate income. One petitioner, a prominent Nairobi-based influencer, stated that the ban could force many creators to seek alternative platforms or markets outside Kenya, potentially stifling the growth of the country's digital content industry.</p>
<p dir="ltr">On the other hand, NACADA and public health advocates have hailed the decision as a step toward safeguarding young Kenyans from the dangers of alcohol abuse. The authority pointed to studies from countries like the United States, where raising the legal drinking age to 21 has been shown to reduce youth consumption and related risks, such as drunk driving and alcohol-related injuries. NACADA's chairperson, Stephen Mairori, emphasized that the ban on online advertisements is critical to reducing the glamorization of alcohol, particularly among impressionable teenagers.</p>
<p dir="ltr">Civil society organizations, including the Kenya Medical Association and the Independent Medico-Legal Unit, have also supported the policy, citing the need to address the public health crisis posed by alcohol and drug abuse. They argue that the accessibility of alcohol through digital platforms, including home delivery services and mobile apps, has made it easier for minors to obtain alcoholic beverages, necessitating stringent regulations.</p>
<p dir="ltr">The ban on online alcohol advertisements comes at a time when Kenya's digital economy is experiencing rapid growth. The content creation industry, valued at billions of shillings, has become a significant source of employment for young Kenyans, particularly in urban areas like Nairobi and Mombasa. Critics of the ban argue that it could have a chilling effect on this sector, forcing brands to redirect their marketing budgets to traditional media or international markets. Small-scale content creators, who often lack the resources to pivot to other industries, are likely to be the hardest hit.</p>
<p dir="ltr">Conversely, proponents of the ban argue that the societal costs of alcohol abuse far outweigh the economic losses to content creators. NACADA's data indicates that alcohol-related harms, including addiction, road accidents, and health complications, cost the Kenyan economy billions of shillings annually. By curbing the influence of digital advertisements, the government aims to reduce these costs and promote healthier lifestyles among its citizens.</p>
<p dir="ltr">While the court's ruling strengthens NACADA's position, enforcing the ban on online alcohol advertisements presents significant challenges. The digital space is vast and difficult to regulate, with many content creators operating on international platforms that may not be subject to Kenyan laws. Additionally, the use of virtual private networks (VPNs) and other technologies could allow creators to circumvent the ban, raising questions about the practicality of enforcement.</p>
<p dir="ltr">Previous efforts to crack down on illicit brews and unlicensed alcohol outlets in Kenya have been hampered by corruption and weak enforcement mechanisms. NACADA has acknowledged these challenges and plans to collaborate with county governments, law enforcement agencies, and technology companies to monitor and regulate online content. The authority has also called for public support, urging parents and community leaders to report violations of the ban.</p>
<p dir="ltr">As the case awaits a full hearing in October 2025, content creators are bracing for a prolonged legal battle. The petitioners have vowed to continue their fight, arguing that the ban violates their rights and was implemented without adequate consultation with stakeholders in the digital content industry. They are also calling for a balanced approach that addresses public health concerns without unduly restricting economic opportunities.</p>
<p dir="ltr">Meanwhile, NACADA is moving forward with other aspects of the 2025 National Policy, including the relocation of bars and liquor outlets away from sensitive areas and the introduction of stricter licensing requirements for alcohol vendors. The authority is also working on public education campaigns to raise awareness about the dangers of alcohol and drug abuse, particularly among young people.</p>
<p dir="ltr">The debate over the online alcohol advertisement ban reflects broader tensions between economic freedom and public health in Kenya. As the country grapples with the challenges of regulating a rapidly evolving digital landscape, the outcome of this case could set a precedent for how Kenya balances individual rights with societal well-being in the years to come.</p>
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