[kictanet] Under what conditions should we shut down twitter, internet, radio, TV in Kenya?

[Victor Kapiyo]

Listers,

I think the focus should not be on shutting down the Internet, tv or radio
stations hence inconveniencing the entire nation and infringing everyone's
constitutionally guaranteed rights while at it.

There is sufficient legislation to deal with hate speech and related
offences and media enterprises that violate the law, hence the responsible
regulatory institutions should be focusing on how prepared they are to
implement the law by investigating and arresting the specific offenders.
Indeed before such drastic action is contemplated, the consequences need to
be borne in mind.

Victor


On 5 December 2012 06:13, Baiju Shah <baiju at tele2media.com> wrote:

> There must be a framework within the Kenyan law that outlines what could
> be done and not done?
>
> If there is a violation it is the right of the authorities either deal
> with the immediately or the platform provider can comply to the law by self
> governing as they do for all aspects in running their businesses. E.g.
> Likes Google and Twitter have created in house expertise / legal capability
> to build into their systems what one can do and not do by geo location.
>
> The governance / audit in Kenya now should be do they comply with our
> laws? If not then they should be given 2/3 months to include a layer of
> business rules that will include for the system / platform provider to
> comply, where is KEBS :)
>
> Best Regard,
>
> Baiju Shah
> Tele2media Ltd
> Telemedia Africa Ltd
> Tel. +44 7887691570
> email: baiju at tele2media.com
>
> On 5 Dec 2012, at 04:46, McTim <dogwallah at gmail.com> wrote:
>
> On Tue, Dec 4, 2012 at 7:43 PM, Daniel Waweru <daniel.waweru at gmail.com>
> wrote:
> > One case, at least, strikes me as obvious: if you have good reason to
> think
> > that broadcasting material would lead to a direct threat to the safety of
> > some other person, then there's good reason not to broadcast it.
>
>
> That is true, but that is an editorial judgement on the part of the
> media house/radio station/newspaper.
>
> If they violate the law, then there MUST be consequences.
>
>
> If there's
> > a means of communication which persistently puts out stuff that meets
> that
> > standard, then there's a pretty good case for shutting it down.
>
> if it is a single radio station for example, then yes, a court could
> find them in violation of the law and order them to cease.
>
> That doesn't mean ALL radio stations should be shutdown.
>
> that's is my 2 bob anyway.
>
> --
> Cheers,
>
> McTim
> "A name indicates what we seek. An address indicates where it is. A
> route indicates how we get there."  Jon Postel
>
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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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