[kictanet] Communications Licencing Act

Thu Aug 23 10:55:16 EAT 2012

Solomon, et al,

A few points to note:

1. Ignorance of the law is no defence or excuse for that matter.

2. All the laws of Kenya can be found here: www.kenyalaw.org

3. The law applies to everyone within its jurisdiction - so it really
matters not whether the act or omission was in real-space or cyber-space,
so long as the first criteria has been met.

4. The law is an ass.

Cheers

Victor

On 23 August 2012 10:28, Ali Hussein <ali at hussein.me.ke> wrote:

> Solomon
>
> A few weeks back while discussing Internet Governance issues and
> intermediary liability this issue came up.
>
> My take is this. When in doubt ask yourself whether the action you are
> about to  engage in (e.g. Retweeting) will pass muster in our 'normal'
> daily lives. So for example if someone abused another in a party would you
> 'parrot' the same immediately after? After all isn't retweeting akin to
> parroting? Sorry but that in my opinion is logic.
>
> Sometimes we lay too much emphasis on laws that are supposed to regulate
> us. In my humble opinion if you follow the laws of natural justice you will
> usually (admittedly not always) find that it is hard to go afoul of the law.
>
> However, there are bloggers whose business model is to drive traffic to
> their blogs and sell advertising against those eyeballs. That business
> model is one's prerogative and there are laws to protect that blogger's
> right to free expression....just as there are laws to protect the aggrieved
> party. I say for those who do this they can role the dice and see what
> comes up. That I'm afraid is also true of free speech and enterprise.
>
> My two cents
>
> Ali Hussein
>
> +254 773/713 601113
>
> Sent from my iPhone®
>
> On 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.
>

-- 
Victor Kapiyo, LL.B

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