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

Wed Dec 5 16:27:07 EAT 2012

This discussion are great. They could also be informed by the following research. http://www.wired.com/wiredenterprise/2012/12/internet_plug/

But there are minimal chances that a total switch off could happen in Kenya given the multiplicity of service providers etc
HENRY O. MAINA
DIRECTOR
ARTICLE 19 KENYA/EASTERN AFRICA
P O BOX 2653,00100
NAIROBI
TEL:+254 (20) 3862230/2
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EMAIL: henry at article19.org

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From: kictanet [kictanet-bounces+henry=article19.org at lists.kictanet.or.ke] on behalf of Grace Mutung'u (Bomu) [nmutungu at gmail.com]
Sent: 05 December 2012 03:24 PM
To: Henry Maina
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Under what conditions should we shut down twitter, internet, radio, TV in Kenya?

I think it would be easier to monitor coverage on TV than on Internet. My idea is that there should be minimal coverage of political rallies on tv and if the politicians/parties really want to be on record with their messages, they can publish their rally coverage on the Internet.
Media owners to a large extent are letting us down as far as creating cohesion and avoiding violence is concerned. There is too much importance and glam given to political stories. Media is continuously disseminating the clever but dangerous statements.
But the important point is not whether it is easier to monitor Internet or TV but for someone to care about the fact that there are so many ordinary citizens who are not on the Internet and to whom the political messages are directed. On my way home I pass by a bar where many mjengo guys gather outside to watch the news from the window. And their attention, especially to what "Jakom" or "Kamwana" etc say is amazing. These are just "masafara", not Kenyans on Twitter, Facebook who have the luxury of alternative information or debate.
Will it not be hypocrisy for media owners to sign pacts of peace and goodwill in election coverage when all along they promoted violence (directly or indirectly)? Whatever happened to media and self regulation?

2012/12/5 Andrea Bohnstedt <andrea.bohnstedt at ratio-magazine.com<mailto:andrea.bohnstedt at ratio-magazine.com>>
Grace, why would you argue that political coverage on TV/in the media can be less easily monitored than on the internet? If anything, media outlets have owners and employees and should have (yeah yeah, I know) control mechanism to check for libel, hate speech etc. On the internet, it's the Wild West - it's incredibly difficult to hold anyone to account. And you can take any TV or radio quote from a politician and play that back to him/her.

On 5 December 2012 10:51, Grace Mutung'u (Bomu) <nmutungu at gmail.com<mailto: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<mailto: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<mailto: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<mailto:baiju at tele2media.com>

On 5 Dec 2012, at 04:46, McTim <dogwallah at gmail.com<mailto:dogwallah at gmail.com>> wrote:

On Tue, Dec 4, 2012 at 7:43 PM, Daniel Waweru <daniel.waweru at gmail.com<mailto: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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