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

Wed Dec 5 15:03:42 EAT 2012

I consider shutting down mainstream media and/or social media a total cop
out. That solution is low hanging fruit, lazy, and is a testament to an
acute failure on our part to come up with sufficient legal instruments. If
cars kill so many people on the roads, the solution is not to ban cars, but
to come up with speed laws, safety standards and to prosecute appropriately
for offenses.

It also denies our citizenry basic communication and platforms in which to
engage in political discourse, which only further erodes freedoms - and is
a slippery slope. I'm not offering a solution here, but another media
blackout can't be the only formula. That is an exercise we should delegate
to totalitarian governments like Syria's, and not to (hopefully)
progressive ones like ours.

On Wed, Dec 5, 2012 at 6:59 AM, Francis Hook <francis.hook at gmail.com> wrote:

> 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
> >>>>>
> >>>>> _______________________________________________
> >>>>> 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/baiju%40tele2media.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.
> >>>>>
> >>>>> _______________________________________________
> >>>>> kictanet mailing list
> >>>>> kictanet at lists.kictanet.or.ke
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> >>>>>
> >>>>> Unsubscribe or change your options at
> >>>>>
> https://lists.kictanet.or.ke/mailman/options/kictanet/vkapiyo%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.
> >>>>
> >>>>
> >>>>
> >>>>
> >>>> --
> >>>> Victor Kapiyo, LL.B
> >>>>
> >>>> ====================================================
> >>>> “Your attitude, not your aptitude, will determine your altitude” Zig
> >>>> Ziglar
> >>>>
> >>>>
> >>>> _______________________________________________
> >>>> kictanet mailing list
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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
> >>>
> >>>
> >>> _______________________________________________
> >>> kictanet mailing list
> >>> kictanet at lists.kictanet.or.ke
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> >>>
> >>> Unsubscribe or change your options at
> >>>
> https://lists.kictanet.or.ke/mailman/options/kictanet/francis.hook%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
> >>
> >> _______________________________________________
> >> 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/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
>
> _______________________________________________
> 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/david%40kobia.net
>
> 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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