[kictanet] [ISOC_KE] Prosecution of online hate speech

Wed Oct 17 14:16:31 EAT 2012

It seems we are entering the age of hyper-surveillance and monitoring.
Personal freedom and space should be protected as we try to find a
balance between prosecuting hate speech offenders and monitor peoples
day to day lives. When NCIS says it will work with cyber cafes to curb
vices, all I see is key-loggers installed in those workstations to
track what patrons are doing. I acknowledge that the safety of the
nation is important, but I fear what other uses such private
information may have, especially if it falls in the wrong hands!

On 17/10/2012, 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.RgdsGG
>
>
>
>
> 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
> regardsJaco -------------------------------------------------Jaco DU
> TOITAdviser for Communication & InformationUNESCO Regional Office for
> Eastern AfricaUnited 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.
> RgdsGraceDate: 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 RegardsOn 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 t
>  o 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 RgdsGG _______________________________________________
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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.otienohttp://www.otienobarrack.me.ke/
>
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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. 		 	   		

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