[kictanet] Kenya IGF on line Discussions Day 2: Intermediary Liability

[Barrack Otieno]

Listers,

Internet intermediaries can be looked at as go-betweens, they act
between two parties on the Internet enabling the transmission and
sharing of information. They allow communication, and provide
knowledge and content of all types, from email to entertainment.
However, they do not make decisions about the type of content that
passes through their facilities. OECD (2010, p. 9) identifies Internet
intermediaries to include ‘Internet access and service providers
(ISPs), data processing and web hosting providers including domain
name registrars, internet search engines and portals, internet payment
systems, e-commerce intermediaries and participative networking
platforms which include internet publishing and broadcasting platforms
that do not themselves create or own content being published or
broadcast’.

>From a Kenyan perspective, it is important to consider mobile service
providers as intermediaries since mobile telephony continues to set
the stage for adoption of Internet access even though they are
regulated under telecom laws.

Intermediary liability arises where governments or private litigants
can hold Internet intermediaries liable for unlawful or harmful
content created by users of their services.
The power and influence of Internet intermediaries, as well as their
limitations in enabling communication and facilitating information
flows is now attracting more attention in Internet governance
discussions.

Questions:

1.    What are the laws that govern intermediary liability in Kenya?

2.    What sort of content would be deemed a liability by
intermediaries and therefore justify removal?

3.    Has Kenya had instances where intermediaries have been asked to
take down content or block services e.g. text messages?

4. Any other concern?

The floor is open

-- 
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
http://www.otienobarrack.me.ke/