[kictanet] Hate text messages/KICA Section 29

[Barrack Otieno]

GG,

Intermediaries are liable to a certain extent, when a computer broadcasts
spam, its IP address is blacklisted and users might not be able to use it
to send mail until corrective measures are taken. I beleive this is meant
to ensure that the Intermediary is responsible for the content emanating
from the network? if this is the case, why shouldn't the government which
has a responsibility over the safety and security of every citizen not take
the intermediary to court to produce the the real culprit? Imagine what
would have happened in the the recent case when a child was kidnapped from
a City Church if the Intermediary had not been of assistance to the state
agencies, now that the populace understands the value of the Internet we
should start educating them about their rights responsibility on the net
same case applies to the Intermediaries, if this issues are not enshrined
in the law it will be total chaos (looking at it from a government
perspective)

Best Regards

On Tue, Oct 16, 2012 at 8:58 AM, John Kariuki <
ngethe.kariuki2007 at yahoo.co.uk> wrote:

> 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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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people's times and bandwidth,
> share knowledge, don't flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>



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