[kictanet] Communications Licencing Act

Thu Aug 23 10:28:36 EAT 2012

Listers,

The Communication Licencing Act does not exist in the laws of Kenya.

I guess the nation writer meant the KIC Act, rightly quoted below.

Cheers.

Victor

On 23 August 2012 10:11, Joseph McDonald <mcdonaldoj at gmail.com> wrote:

> I think Robert Alai can be charged under section 29 of the Kenya
> Information and Communication Act CAP 411A revised 2009.
>
> The Section talks about Improper use of a telecommunication system (A
> phone ,Computer/Internet etc)
>
> 29. A person who by means of a licensed telecommunication system—
> (a) sends a message or other matter that is grossly offensive or of an
> indecent, obscene or menacing character;
>
> or
>
> (b) sends a message that he knows to be false for the purpose of causing
> annoyance, inconvenience or needless anxiety to another person commits an
> offence and shall be liable on conviction to a fine not exceeding fifty
> thousand shillings, or to imprisonment for a term not exceeding three
> months, or to both.
>
> You also raised the issue of re tweeting or forwarding a message.
>
> Under Defamation Law any one who repeats a defamatory publication or
> statement is liable.
>
> So for example if you write a book which has defamatory statements and the
> affected person decides to sue he can sue the author,the publisher,the
> bookshop,a library that stocks the book or even the street vendor.
>
> So in this case if you re-tweet or forward an sms you are just as liable
> as the originator of the tweet or sms.
>
> I am a law student and not a lawyer yet....so my facts might be wrong
> ...but that is just my opinion based on my limited understanding of the
> matter.
>
> Thanks
>
> On Thu, Aug 23, 2012 at 9:33 AM, Solomon Mbũrũ Kamau <solo.mburu at gmail.com
> > wrote:
>
>> Ali et al,
>>
>> I like that argument, which is penned on responsibilities. There is no
>> shortcut to that.
>>
>> I'm asking all these because a while ago there was a lister who asked
>> issues regarding cohesion and it was pointed out that the NCIC (?) Act
>> might have been passed by time since its enactment a while back. So
>> that means it needs an ovehaul, to address emerging issues.
>> Also, in this case of Alai, I retweeted what he said about Dr. Mutua,
>> does it make me an accessory? I remember immediately after Dr. Ndemo
>> banned live broadcast in 2008, he said some messages that flared
>> ethnic tensions were  forwarded through as text messages over cell
>> phones, adding that all who sent or forwarded the messages are bound
>> to be prosecuted, until the originator of the message is found.
>> I'm just concerned because I might have retweeted or even shared on
>> facebook a post that could be categorised cromibal in nature.
>> The quoted Communications Licensing Act, if it exists, really need to
>> be availed so that we can have a look at it.
>> And a just by the way, Robert Alai is alleged to operate the
>> @KenyaPolice twitter account, is that a crime too, considering that
>> there are online (Twitter mostly) parodies of Mwai Kibaki, Francis
>> Atwoli, Alfred Mutua etc!
>>
>> Regards,
>>
>> Solomon
>>
>> On 23/08/2012, Ali Hussein <ali at hussein.me.ke> wrote:
>> > Solomon & listers
>> >
>> > I hate to say this but something like this was bound to happen sooner or
>> > later to Robert.
>> >
>> > There seems to be a belief that some bloggers cannot be held
>> responsible for
>> >    some of the toxic stuff they write online.  Beyond the act there are
>> > still laws against abuse and its about time that we take responsibility
>> for
>> > what we do and not hide behind some obscure online credos that say you
>> can
>> > get away with anything you write online.
>> >
>> > Me thinks that the same principals that apply offline should apply
>> online.
>> > For example if you abuse me offline there are laws against that. Why
>> should
>> > it be different online? After all shouldn't the same laws protect the
>> one
>> > being abused?
>> >
>> > I know this may not be a popular thing to say right now but some one
>> needs
>> > to say it..
>> >
>> > Ali Hussein
>> >
>> > +254 773/713 601113
>> >
>> > Sent from my iPhone®
>> >
>> > On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu at gmail.com>
>> > wrote:
>> >
>> >> Listers,
>> >>
>> >> Good morning,
>> >>
>> >> I'm reading this story on Daily Nation,
>> >>
>> www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953
>> ,
>> >> and accorind to the charges, Alai violated the Communication Licencing
>> >> Act.
>> >>
>> >> My questions:
>> >> 1. What exactly did he violate in the Act?
>> >> 2. Where can one get (a soft copy of) the said Act?
>> >> 3. Is this law same as the Kenya Communication (Amendment) Act?
>> >>
>> >> Thanks
>> >>
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>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>
>
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>
> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>

-- 
Victor Kapiyo, LL.B

====================================================
*“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar
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