[kictanet] [ISOC_KE] Prosecution of online hate speech

Wed Oct 17 08:50:19 EAT 2012

GG,

We just need to look at the US electrol campaigns you can see how people
with loose tongues are getting into trouble, last week we had a similar
issue with a local politician and the citizenry at one point blamed the
Intermediary (Nation Media Group) for airing such inflamatory response, i
think there was no need for Nation to justify its actions as it did on TV
they did the right thing , the NCIC should send folks to court quickly
quickly, leadership and freedom come with responsibility, enforcement is
another way of educating the masses. I advocate for freedom with
responsibility.

Best Regards

On Wed, Oct 17, 2012 at 12:50 AM, Grace Githaiga <ggithaiga at hotmail.com>wrote:

>  Thanks Ali, Barrack and Jaco. The message is clear: the education system
> as well as intermediaries have a role in educating users of their
> responsibility online.****
>
>
> Listers, please feel free to continue the debate under the thread of Hate
> text messages/KICA Section 29.****   Today, we focus our attention to
> prosecution of online hate speech. The NCIC has threatened to prosecute
> online hate speech as political campaigns intensify ahead of the 2013
> March general elections.  The Chair of NCIS was quoted in yesterday’s
> Daily Nation as saying that his Commission is working with cyber cafes to
> monitor hate speech.
>
> * *
>
> There seems to be uncertainty on what offences may happen on communication
> networks and whether intermediaries would be liable or not. Such
> intermediaries as Safaricom have come up with rules that will be applied
> for political advertising on its network; while Nation Media has NMG blog
> rules (see
> http://www.nation.co.ke/meta/-/1194/1132038/-/88lbspz/-/index.html).  NMG
> is cautious in particular after being sued for comments made by a reader on
> its blog on a story about Uhuru Kenyatta.****
>
>
>
> Is it advisable for these intermediaries to take caution or encourage self
> regulation or what should they do?
>
>
> How successful do you think the NCIC will be in prosecuting online hate
> speech?
>
>
> Over to you Listers.
>
> Rgds
>
> GG
>
>
>
>
>
> ------------------------------
> Subject: RE: [kictanet] Hate text messages/KICA Section 29
> Date: Tue, 16 Oct 2012 15:20:46 +0200
> From: j.dutoit at unesco.org
> To: ggithaiga at hotmail.com
> CC: kictanet at lists.kictanet.or.ke; isoc at orion.my.co.ke
>
> 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< /p>
>
> Jaco
>
>
>
> *-------------------------------------------------*
>
> *Jaco DU TOIT*
>
> Adviser for Communication & Info rmation
>
> 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=une
> sco.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.
>
> &nbs p;
>
> 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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>
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> https://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com<https://lists.kictanet.or.ke/mailman/options/kict%20anet/ggithaiga%40hotmail.com>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.
>
>
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-- 
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
http://www.otienobarrack.me.ke/
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