[kictanet] Hate text messages/KICA Section 29

[John Kariuki]

Grace,Listers,
Section 29 of KICA was first introduced in Kenya law in 1998 at the infancy of the Internet in Kenya and was based mainly on experience of Facsimile.It was, in my view, at that time  not  intended for intermediaries.
However,if today a smart lawyer can adduce pursuasive evidence in court that indeed the intermediary was actually the 'sender' not   mere 'carrier', I see no reason why he may not secure a conviction based on KICA section 29. 
 
John Kariuki.

 

________________________________
 From: Grace Githaiga <ggithaiga at hotmail.com>
To: ngethe.kariuki2007 at yahoo.co.uk 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke> 
Sent: Tuesday, 16 October 2012, 1:02
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-Communications-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


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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