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

Wed Dec 5 14:59:52 EAT 2012

I did not mention mobile communications...or HF or other forms.  Just
the broadcasting and internet (which itself is a form of
broadcasting).   I think many nations, on issues of national security
have such a clause in their legislation.   It makes sense to stifle
misinformation and manage it properly.  Otherwise rumours become
truths, emotions become actions, etc etc.

Ushahidi - nice to have....but I am not convinced about its efficacy as a tool.

On 5 December 2012 14:32, Alex Comninos <alex.comninos at gmail.com> wrote:
> On 5 December 2012 09:51, Francis Hook <francis.hook at gmail.com> wrote:
>> 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. <snip>
>
> Shutting down communications in anticipation of violence can cause
> loss of life. People rely on communications (internet patforms, the
> internet and mobiles) during emergencies (be they natural disasters or
> possibly violent political emergencies), often lives depend on the use
> of communications platforms to coordinate emergency response.
>
> During the possibility of election violence these platforms allow
> people to report on and document violence. Shutting down communication
> platforms can allow atrocities to happen in the dark.
>
> Kenya faced similar problems with internet and ICTs in the 2007
> elections. Many used the internet and ICTs to expose atrocities. Hence
> the birth of Ushahidi a platform used to aggregate and amplify (not
> shut down) communications in emergencies, so as to save lives, and to
> document atrocities.
>
>
>
>>
>> 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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>>>>
>>>>
>>>> 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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>>>
>>> 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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>> Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/alex.comninos%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.

-- 
Francis Hook
+254 733 504561