[kictanet] CCK Press Release - Consultative meeting on the phase out of use of counterfeit mobile handsets

Fri Sep 9 16:42:10 EAT 2011

Dear All,

I have just come from the consultative meeting on counterfeit phones. I was the only civil society organisation in attendance.

As ARTICLE 19 we wlecome the opportunity to participate at the stakeholders meeting. While we recognise the intention of CCK to curb the use of certain mobile handsets, given the imporatnce of mobile telephony for free flow of information in Kenya, we argued that international standards on freedom of expression and information should be paramount in any decision making process on this issue.

We note clearly that the Constitution of Kenya guarantees consumer protection in Article 46. Similarly the Constitution guarantees freedom of expression  in Article 33 (a). 

Any proposed approach must not push the responsibility of dealing with counterfeit mobile handsets to consumers but to the responsible bodies namely Anti-Counterfeit Agency, Kenya Bureau of Standards, Kenya Revenue Authority-Customs, Communications Commission of Kenya and the Office of the President, Internal security-Kenya Police,NSIS etc. These agencies must ensure that the inflow of consignments of counterfeit mobile handsets is limited and those captured during the infrequent raids not released to the market.

Secondly, all process of SIM registration must be anchored in law as currently the process is illegal. Any such legal instrument must clearly make provisions for protection of data and sanctions for undue exposure of personal data by any of the bodies holding such information.

That efforts that are less injurious to the consumer be thought through to deal with the over 2,362,584 mobile handsets that are allegedly having faulty IMEI.  The definition of counterfeit phones as those without IMEI numbers or those whose IMEI numbers are otherwise not discoverable over the network according to CCK but be informed by clear developed standards and phones tested by KBS. Currently there are no know standards and no testing capacity. Technically this definition is insufficent since the aassigment of IMEI number to a phone does not necessarily guarantee that it meets prescribed regulatory or industrial quaility standards. Similarly, the lack of a manufacturer's IMEI number on handset does not mean that it is irredeemably incapable of being made uniquely identifiable on a cellular network and it does not meet safety standards.

Happy to carry on this discussion to ensure that all agencies are accountable to deliver their mandate including protecting fundamental human rights where security is just a subset equally served by existence of mobile telephony and not the mother of all rights.

Regard

HENRY O. MAINA
DIRECTOR
ARTICLE 19 KENYA/EASTERN AFRICA
P O BOX 2653,00100
NAIROBI
TEL:+254 (20) 3862230/2
FAX:+254 (20) 3862231
EMAIL: henry at article19.org

________________________________________
From: kictanet-bounces+henry=article19.org at lists.kictanet.or.ke [kictanet-bounces+henry=article19.org at lists.kictanet.or.ke] on behalf of Walubengo J [jwalu at yahoo.com]
Sent: 09 September 2011 04:09 PM
To: Henry Maina
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] CCK Press Release - Consultative meeting on the phase out of use of counterfeit mobile handsets

fyi,

walu.

--- On Fri, 9/9/11, Wambua, Christopher <Wambua at cck.go.ke> wrote:
S

[CCK logo]

9th September 2011

NEWS EDITOR

RE: CONSULTATIVE MEETING ON THE PHASE OUT OF COUNTERFEIT MOBILE HANDSETS

The Commission today held a consultative meeting with the four mobile network operators, relevant government agencies (i.e. Kenya Bureau of Standards, Anti-Counterfeit Agency, Office of the President – Kenya Police and NSIS - and the Kenya Revenue Authority), Article 19 and equipment manufacturer Nokia to discuss the way forward in respect to the phase out of use of counterfeit mobile handsets in Kenya. It was observed that use of counterfeit handsets denies holders of Intellectual Property rights of their legal right to benefit from the fruits of their innovations. It also exposes consumers to health and security risks, and denies Government of revenue.

The meeting, which was quite fruitful, resolved as follows:

  *   The phase out of use of counterfeit handsets shall be done in a coordinated manner to involve all stakeholders including government agencies, industry players, consumers and equipment manufacturers. The participating government agencies re-affirmed their commitment to continue working together to stem the importation and use of counterfeit handsets in the country in an effective and sustainable manner.
  *   There is need for public awareness to be undertaken to sensitize consumers on the rationale behind the phasing out of counterfeit mobile handsets, the dangers associated with use of counterfeits, and the tentative deadline for deactivation of counterfeit mobile phones.
  *   To stem build up in the number of counterfeit mobile handsets in the market, there is need to stop the activation of new SIM cards using counterfeit mobile handsets.  In this regard, it was resolved that no new SIM cards would be allowed to operate in counterfeits handsets tentatively as from 30th September 2011. A meeting of the technical teams from the four mobile operators, equipment manufacturers and CCK shall be held next Wednesday to deliberate on the suitability of this date.
  *   Use of counterfeit handsets shall be phased out of the market by the end of the year.  Consumers using counterfeit mobile handsets therefore have (tentatively) up to 31st December 2011 to replace their mobile phones or risk de-activation. The actual date shall be confirmed during the meeting of the technical team next week.

Issued by:

John Omo

For: DIRECTOR-GENERAL

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