[kictanet] Discussion intermediary liability in Kenya

Alice Munyua alice at apc.org
Mon Oct 1 19:57:35 EAT 2012


Dear Colleagues,

This is an invitation to a discussion on intermediary liability in Kenya 
starting tomorrow Tuesday 2nd October 2012, which will be followed by a 
breakfast meeting on 10th October at jacaranda hotel.

See attached the initial findings of the study on Intermediary Liability 
in Kenya. We welcome comments. Please note that this initial report is a 
forthcoming publication, and it should not be cited publicly until 
November, when the final report will be made available.

The study notes that there is a lack of a clear framework for liability 
of intermediaries and a lot of uncertainty in understanding our evolving 
post-constitution legislative environment particularly in "regards to 
what offenses may happen on communications networks and whether 
intermediaries would be liable or not, this may have contributed to 
caution and self-regulation.

In addition, there seems to be no legislated take down procedures other 
than responding in court to whichever law was cited as broken.   Do we 
need a "clear framework for liability of intermediaries, and safe harbor 
legislation?   What are the strengths and weaknesses of the current 
situation?

We would like to encourage policy discussions on these issues with the 
aim of providing concrete recommendations and way forward.

Grace Githaiga and Victor Kapiyo will take it from here

Best

Alice


This is a project of:

  * Kenya ICT Action Network (KICTANET)
  * Open Society Initiative (OSI)
  * Association for Progressive Communications (APC)
  * Google
  * Ministry of Information and Communications
  * Telecommunications Service Providers Association of Kenya (TESPOK)

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