[kictanet] Defining intermediary liability in Kenya

[Grace Githaiga]

Listers

Greetings.

 

This is
a follow up to Alice’s email in which she shared a study on intermediary
liability in Kenya, and inviting you to a discussion on the same.

 

Internet
intermediaries bring together or facilitate transactions between third parties
on the Internet. They give access to, host, transmit and index content,
products and services originated by third parties on the Internet or provide
internet based services to third parties.’ 

 

OECD 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 was indirectly discussed on this list last week through the
Piracy/WAPkid/Copyright discussion. 

 

Question:

1.    Are there other ways that we should define intermediaries?

2.    What role should intermediaries play?

3.    Considering that they do not create the content, should they be liable? And if so, in what ways? 

Please
feel free to respond to any of the issues. 

Rgds

Grace
Date: Mon, 1 Oct 2012 19:57:35 +0300
From: alice at apc.org
Subject: [kictanet] Discussion intermediary liability in Kenya
CC: kictanet at lists.kictanet.or.ke
To: ggithaiga at hotmail.com


  
    
  
  
    
    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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