[kictanet] Hate text messages/KICA Section 29

[Du Toit, Jaco]

Dear Grace,

 

Sorry for the late contribution about yesterday's topic.  As highlighted
last week I think users should also take a responsibility of what they
are contributing to in online environment.  For this reason an ethical
behavior should be encourage through media and information literacy at
an early age.

 

Best regards

Jaco

 

-------------------------------------------------

Jaco DU TOIT

Adviser for Communication & Information

UNESCO Regional Office for Eastern Africa

United Nations Avenue, UNON, Gigiri (Room C-104) 

P.O. Box 30592-00100, Nairobi, Kenya 

Tel: +254 (0)20 762 2346/2566 

Fax +254 (0)20 762 2750 

Mobile: +254 (0)728 610 912 

Email:j.dutoit at unesco.org,
Website: http://www.unesco-nairobi.org

 

From: kictanet
[mailto:kictanet-bounces+j.dutoit=unesco.org at lists.kictanet.or.ke] On
Behalf Of Grace Githaiga
Sent: Tuesday, 16 October, 2012 1:03 AM
To: Du Toit, Jaco
Cc: KICTAnet ICT Policy Discussions
Subject: [kictanet] Hate text messages/KICA Section 29

 

Good morning Listers

 

I would like to thank Jane, Barrack and Topista for views expressed on
yesterday's topic Shooting the messenger.

 

They did express the need to place some level of responsibility on both
the source of the content and the host platform. Further they
underscored the need to have a good information system that operates
under a sound policy framework if it is to be useful to society. 

 

Today we look at Section 29 of the KICA (improper use of system)
http://www.cck.go.ke/regulations/downloads/KenyaInformation-Communicatio
ns-Act-Final.pdf that is increasingly being used as a basis for criminal
charges for users of technology based platforms. See example:
http://www.youtube.com/watch?v=9q7VmsYNsqE
<http://www.youtube.com/watch?v=9q7VmsYNsqE> 

 

 

29. A person who by means of a licensed telecommunication system- 

(a) sends a message or other matter that is grossly offensive or of an
indecent, obscene or menacing character; or 

(b) sends a message that he knows to be false for the purpose of causing
annoyance, inconvenience or needless anxiety to another person 

 

commits an offence and shall be liable on conviction to a fine not
exceeding fifty thousand shillings, or to imprisonment for a term not
exceeding three months, or to both. 

 

Could misuse of an information system also be used to charge
intermediaries? Would this call for the training of the Kenya Police,
DPP and Judiciary so that they understand the issues as they litigate
and make rulings? 

 

Listers, lets hear your views. Further, please feel free to go back to
yesterday's thread on shooting the messenger if you would like to
contribute. 

 

Have a wonderful day

 

Rgds

GG

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