[kictanet] The ICT Bill, Freedom, and Democracy

Crystal Watley crystal at voicesofafrica.org
Mon Dec 15 17:59:59 EAT 2008


A free and fair media is a necessary element in any democracy. The press is
the watchdog of the government. They ensure that the truth be told. The
government should have no power in a democracy to control news outlets. If
the bill is signed the government is essentially stealing the voice of the
people so they will be able to declare a "state of emergency" when it is
convenient for them. Giving the government a gag hold on the media's ability
to report the truth. The Universal Declaration of Human Rights written 10
December 1948 contains two articles which are in direct opposition to
Article 88
*Article 19.*

   Everyone has the right to freedom of opinion and expression; this right
   includes freedom to hold opinions without interference and to seek, receive
   and impart information and ideas through any media and regardless of
   frontiers.

*Article 20.*

   (1) Everyone has the right to freedom of peaceful assembly and
   association.

   (2) No one may be compelled to belong to an association.


   The government already bears the right to legislate the process of
   broadcasting and many aspects of the bill are enlightened and will serve us
   well in the future, but it is necessary that it is not passed in its current
   form. As human beings and as Kenyan citizens we are born with the right to
   voice our opinions, thoughts, feelings, and demands.

   Is Kenya is a democracy in the Liberal sense? Then it must be bound by
   the tenets of Jean-Jacques Rousseau, one of the philosophical fathers of the
   legislative democracy. The current constitution and rule of law is an
   altered copy of the democratic system of government in the United Kingdom
   whose constitutions and political thought stem in part from his writings. In
   the Social Contract by Rousseau he states that "Nothing is more dangerous
   than influence of private interests on public affairs and abuse of the laws
   of the government is LESS evil than the corruption of the legislator, which
   is the infallible result of the pursuit of private interests." He continues
   that "there is no government so subject to civil wars and internal
   agitations then the democratic or popular, because there is none which tends
   so strongly and so constantly to change its form, one who demands more
   vigilance and courage to be maintained in its own form. It is especially in
   this constitution that the citizen should arm himself with strength and
   steadfastness, and every day of his life from the bottom of his heart what a
   virtuous Palatine said in the "Diet of Poland"; Malo Periculosam libertatem
   quam quietum seritium." This translates into English as I prefer a perilous
   freedom to a peaceful slavery. In Swahili - heri kupigania uhuru kuliko
   amani utumuani!

   Crystal Kigoni

   Voices of Africa for Sustainable Development


2008/12/15 Moto Baridi <motobaridi at motobaridi.com>

> next thing, they'll require ISP's to block sites that include any
> "offensive" text or image.
> Did you just search for "paedophile" in Wikipedia?
> *"Sorry. The page you requested has been deemed inappropriate by
> parliament and shall not be displayed. If you have any queries, please
> contact your MP."*
> then they'll storm your house and confiscate those Nigerian movies because
> of that barely-visible 1.2 sec bedroom scene.
> this is the first step on the slippery slope towards *gov't-sponsored* net
> censorship.
> unfortunately, even where it has been implemented by people who understand
> much
> more about these things,it has failed miserably in ALL instances.
> when will people ever learn from the painful experiences of others (e.g.
> Australia)??
>
> yours cynically,
> [motobaridi]
> [carpe noctem]
>
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-- 
Crystal "Naliaka" Watley
Voices of Africa
crystal at voicesofafrica.org
http://www.voicesofafrica.org/

"You must be the change you wish to see" - Gandhi
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