[kictanet] Communications Licencing Act

Thu Aug 23 18:35:20 EAT 2012

Thank you all for the input.

At least now, I'm in the know concerning how to behave while online.

On 23 August 2012 18:29, robert yawe <robertyawe at yahoo.co.uk> wrote:

> Hi Joseph,
>
> Thanks a million for the concise analysis of the issue and for this I am
> more informed.
>
> Please do not play down your ability, until you mentioned it I am sure no
> one thought you where a student keep it up we need lawyers who can
> articulate tech.
>
> Regards
>
>
> Robert Yawe
> KAY System Technologies Ltd
> Phoenix House, 6th Floor
> P O Box 55806 Nairobi, 00200
> Kenya
>
> Tel: +254722511225, +254202010696
>   ------------------------------
> *From:* Joseph McDonald <mcdonaldoj at gmail.com>
> *To:* robertyawe at yahoo.co.uk
> *Cc:* KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
> *Sent:* Thursday, 23 August 2012, 10:11
> *Subject:* Re: [kictanet] Communications Licencing Act
>
> 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.
>
>
>
> _______________________________________________
> kictanet mailing list
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> Unsubscribe or change your options at
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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.
>
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/solo.mburu%40gmail.com
>
> 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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