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

Wed Dec 5 12:36:09 EAT 2012

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------Original message------
From: Francis Hook <francis.hook at gmail.com>
To: <tonuikiprotich at yahoo.com>
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Wednesday, December 5, 2012 11:51:11 AM GMT+0300
Subject: Re: [kictanet] Under what conditions should we shut down twitter, internet, radio, TV in Kenya?

I tend to be a bit of a skeptic when it come to these "on paper"
rights which we sometimes harp on about ad nauseum and ironically in
environments where few of these rights are upheld or preserved.  We
live in a world where there is so much inequity and iniquity and I do
not think we can always afford to please everyone all the time.
Freedom of speech or right to life?

If I was in charge of national security, I'd not think twice about
violating anyone's freedom of speech rights if innocent people are
getting killed.  I'd turn off the internet and broadcasting without
batting an eye-lid.   I'm sure the people whose freedom of speech I
have violated will not fall ill and die. They will live - of course
they will grumble endlessly like the people Moses led out of Egypt.
For its man's nature to grumble and never be content.

Overall it'd be about the GREATER good.

In a third world country, lets not waste money on monitoring the
internet, investigating online, etc etc. esp after the fact and  once
the damage has been done.  We all know how that goes.  All in the name
of protecting freedom of speech and so we can keep the internet open
for 5% of the population yet we are dire need for schools, healthcare,
security etc for 99% of the population.   Did I mention security?

When we reach such a stage that we have met BASIC rights and
needs...and have the resources to spare- then we can attempt that
balancing act.

My two cents.

On 5 December 2012 10:51, Grace Mutung'u (Bomu) <nmutungu at gmail.com> wrote:
> Sometimes I feel as if Kenya is a unique case that requires tailored
> interventions. For instance, with all due respect to Article 19, and while
> we should never blanket shut down twitter etc, there should surely be a fast
> response mechanism to inciteful speech online as well as broadcasts. eg a
> Commissioner of Assize or a dedicated court so that people do not continue
> to spew, retweet and disseminate hate speech.
>
> At the moment, there are already not necessarily hateful or incitement
> speech but (clever)statements that are building up collective psyche towards
> hardline positions. How long should we leave such statements to ethics?
> Shouldn't we just black them out? The argument that we should combat hate
> speech with massive "love" speech it seems, will not work in Kenya unless
> "love" speakers get the resources that hate speakers have. I get so
> concerned for Kenya every time I watch 7pm news......Can't something be done
> to stem this clever speech that most people would agree is likely to lead to
> hardline positions and God forbid, violence....For example, cant media
> houses limit the duration/coverage of political rallies so that the parties
> have to find other avenues for their messages eg Internet where their
> content can be monitored by we the people (without the risk of the
> parties/candidates saying, "I was misquoted")
>
> And most importantly, especially for March elections, there needs to be some
> regulation of media reporting election results. For example having media
> houses refrain from predicting or calling it (however obvious it may seem)
> And is current legislation sufficient? Maybe not (at least not the National
> Cohesion and Integration Act) . And the circumstances are not helping, since
> defining cases are yet to concluded/have been withdrawn...
>
>
>
> 2012/12/5 Victor Kapiyo <vkapiyo at gmail.com>
>>
>> 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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>>
>> Unsubscribe or change your options at
>> https://lists.kictanet.or.ke/mailman/options/kictanet/nmutungu%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.
>
>
>
>
> --
> Grace L.N. Mutung'u (Bomu)
> Kenya
> Skype: gracebomu
> Twitter: @Bomu
> Website: http://www.diplointernetgovernance.org/profile/GraceMutungu
>
>
> _______________________________________________
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>
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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.

-- 
Francis Hook
+254 733 504561

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