[kictanet] Prosecution of online hate speech
Gideon
gideonrop at gmail.com
Wed Oct 17 09:12:43 EAT 2012
Hi all,
Thanks for the constructive discussions that have transpired on the issue
of hate speech over online media. We know very well that the number of
people using the medium is exponentially increasing and as such developing
the means to curtail any misbehavior this early would be best step.
We do not want to come in when its to late and perpetrators can get away
with it. Sure enough Kenya is getting to a stage where the public see how
the responsible bodies handle particular scenarios.
Am glad that we can have such deliberations online , its a good foundation
to build on as we strive towards the MDG's.
God Bless Kenya.
Gideon Rop
DotConnectAfrica
On Wed, Oct 17, 2012 at 8:59 AM, <kictanet-request at lists.kictanet.or.ke>wrote:
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> 1. Re: Shooting the messenger? (Barrack Otieno)
> 2. Re: [ISOC_KE] Prosecution of online hate speech (Barrack Otieno)
>
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> ----------------------------------------------------------------------
>
> Message: 1
> Date: Wed, 17 Oct 2012 08:44:08 +0300
> From: Barrack Otieno <otieno.barrack at gmail.com>
> To: Brandie Martin <blm5350 at psu.edu>
> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>,
> isoc at orion.my.co.ke
> Subject: Re: [kictanet] Shooting the messenger?
> Message-ID:
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>
> + 1 Toepista, i understand some of the organisations set aside 50 million
> plus for litigation, the more reason as to why we need more responsibility
> meaning the veracity if the situation is appreciated.
>
> Best Regards
>
> On Wed, Oct 17, 2012 at 8:41 AM, Barrack Otieno <otieno.barrack at gmail.com
> >wrote:
>
> > Lordmwesh,
> >
> > I don'tthink its a question of putting weight on Intermediaries but
> > making them aware of their roles and responsibilities with respect to
> > informing educating and entertaining, freedom without responsibility is a
> > recipe for chaos, better to arrest the situation before it gets out of
> > hand, you realise how information has made the public more difficult to
> > deal with by law enforcement agencies, the same freedom can be an
> Achilles
> > heel to intermediaries one of the Intermediary representatives alluded to
> > the fact that if we are not careful litigants with the money and know how
> > can bring down the biggest of corporations through Law suits.
> >
> >
> > Best Regards
> >
> > On Wed, Oct 17, 2012 at 3:35 AM, Brandie Martin <blm5350 at psu.edu> wrote:
> >
> >> Thank you to Ali Hussein, Mwendwa Kivuva, Barrack Otieno, Toepista
> >> Nabusoba, John Kariuki, and Grace Githaiga for contributing to this
> >> discussion on intermediary liability.
> >>
> >> With gratitude,
> >> Brandie L. Martin
> >>
> >> On Tue, Oct 16, 2012 at 8:47 AM, Grace Githaiga <ggithaiga at hotmail.com
> >wrote:
> >>
> >>> Thanks Ali and Kivuva for continuing discussion on this thread.
> >>>
> >>> You both caution on the need to be careful in how intermediary
> liability
> >>> is handled in terms legislation lest we restrict innovation. And yes
> >>> Kivuva. Users are not exactly innocent since they are capable of
> making the
> >>> right decisions on what to post.
> >>>
> >>> Please feel free to continue debate on this same thread.
> >>> Rgds
> >>> GG
> >>>
> >>> > Date: Tue, 16 Oct 2012 10:09:24 +0300
> >>> > From: Kivuva at transworldafrica.com
> >>>
> >>> > Subject: Re: [kictanet] Shooting the messenger?
> >>> > CC: kictanet at lists.kictanet.or.ke
> >>> > To: ggithaiga at hotmail.com
> >>>
> >>> >
> >>> > Putting weight on the shoulders of intermediaries is not the way to
> >>> > go. We are admitting that the public is so innocent that it cannot
> >>> > make right decisions based on what they see, read, or hear. This type
> >>> > of censorship will make us be like China.
> >>> >
> >>> > --
> >>> > ______________________
> >>> > Mwendwa Kivuva
> >>> > For
> >>> > Business Development
> >>> > Transworld Computer Channels
> >>> > Cel: 0722402248
> >>> > twitter.com/lordmwesh
> >>> > transworldAfrica.com | Fluent in computing
> >>> > kenya.or.ke | The Kenya we know
> >>> >
> >>> > _______________________________________________
> >>> > kictanet mailing list
> >>> > kictanet at lists.kictanet.or.ke
> >>> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >>> >
> >>> > Unsubscribe or change your options at
> >>>
> https://lists.kictanet.or.ke/mailman/options/kictanet/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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> >>>
> >>> 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.
> >>>
> >>
> >>
> >>
> >> --
> >> Brandie Martin, M.S.
> >>
> >> Ph.D. Candidate and Graduate Fellow
> >> College of Communications
> >> The Pennsylvania State University
> >> blm5350 at psu.edu
> >> website: http://brandiemartin.wordpress.com/
> >> twitter: https://twitter.com/Brandie_Martin
> >>
> >>
> >>
> >> _______________________________________________
> >> kictanet mailing list
> >> kictanet at lists.kictanet.or.ke
> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >>
> >> Unsubscribe or change your options at
> >>
> https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail.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.
> >>
> >
> >
> >
> > --
> > Barrack O. Otieno
> > +254721325277
> > +254-20-2498789
> > Skype: barrack.otieno
> > http://www.otienobarrack.me.ke/
> >
> >
>
>
> --
> Barrack O. Otieno
> +254721325277
> +254-20-2498789
> Skype: barrack.otieno
> http://www.otienobarrack.me.ke/
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> ------------------------------
>
> Message: 2
> Date: Wed, 17 Oct 2012 08:50:19 +0300
> From: Barrack Otieno <otieno.barrack at gmail.com>
> To: Grace Githaiga <ggithaiga at hotmail.com>
> Cc: "kictanet at lists.kictanet.or.ke" <kictanet at lists.kictanet.or.ke>,
> "isoc at orion.my.co.ke" <isoc at orion.my.co.ke>
> Subject: Re: [kictanet] [ISOC_KE] Prosecution of online hate speech
> Message-ID:
> <
> CAKX6dsEo2zJ5+1AXoKz8R0-0Oi69XFroRAqPiJOu7J4UOq7bsw at mail.gmail.com>
> Content-Type: text/plain; charset="windows-1252"
>
> 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.pdfthat 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
> >
> >
> >
> > _______________________________________________
> > kictanet mailing list
> > kictanet at lists.kictanet.or.ke
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >
> > Unsubscribe or change your options at
> >
> https://lists.kictanet.or.ke/mailman/options/kictanet/ngethe.kariuki2007%40yahoo.co.uk
> >
> > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> > for people and in stitutions 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.
> >
> >
> > _______________________________________________
> > kictanet mailing list
> > kictanet at lists.kictanet.or.ke
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet
> >
> > Unsubscribe or change your options at
> >
> https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail.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.
> >
> >
> >
> >
> > --
> > Barrack O. Otieno
> >
> > +254721325277
> >
> > +254-20-2498789
> > Skype: barrack.otieno
> >
> > http://www.otienobarrack.me.ke/
> >
> >
> >
> > _______________________________________________ kictanet mailing list
> > kictanet at lists.kictanet.or.ke
> > https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or
> > change your options at
> >
> 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.
> >
> >
> > _______________________________________________
> > isoc mailing list
> > isoc at orion.my.co.ke
> > http://orion.my.co.ke/cgi-bin/mailman/listinfo/isoc
> >
> >
>
>
> --
> Barrack O. Otieno
> +254721325277
> +254-20-2498789
> Skype: barrack.otieno
> http://www.otienobarrack.me.ke/
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