[kictanet] Hate text messages/KICA Section 29

Tue Oct 16 16:20:46 EAT 2012

Dear Grace,

The education system definitely has a role to play in media and
information literacy, but I would argue that it is also in the interest
of the intermediaries to get involved in such education initiatives.

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 3:57 PM
To: Du Toit, Jaco
Cc: kictanet at lists.kictanet.or.ke; isoc at orion.my.co.ke
Subject: Re: [kictanet] Hate text messages/KICA Section 29

Thanks Barrack, Jaco and Kariuki for your views.

Jaco, we note your point on the need for users to take responsibility on
what they post and the need for information and media literacy for
users. Barrack is of the same opinion that there is need for an
education of users on their responsibility online. If I may ask both of
you, who would be responsible for conducting this sort of education?

Kariuki, you make a very good point about what may have informed the
introduction section 29 of KICA namely the facsimile. Considering that
technology has evolved and the internet is no longer in infancy, what
would you recommend for this section?

Listers, lets here more input from you. 

Rgds

Grace

________________________________

Date: Tue, 16 Oct 2012 09:47:13 +0300
From: otieno.barrack at gmail.com
Subject: Re: [kictanet] Hate text messages/KICA Section 29
CC: kictanet at lists.kictanet.or.ke; isoc at orion.my.co.ke
To: ggithaiga at hotmail.com

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-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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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.

-- 
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+254-20-2498789
Skype: barrack.otieno

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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.

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