[kictanet] [ISOC_KE] Prosecution of online hate speech

Wed Oct 17 14:48:09 EAT 2012

Assuming you were a law enforcer Alex what would you propose?

Best Regards

On Wed, Oct 17, 2012 at 2:40 PM, Alex Comninos <alex.comninos at gmail.com>wrote:

> @Kivuva
>
> I stongly agree with your concerns. I would not want all cybercafe
> owners monitoring my communications, and I would be very afraid of the
> circumstances.
>
> I also worry about the costs this would impose on cybercafes, which
> would be transferred to the consumers as barriers to access when
> cybercafes either increase their prices, or simply stop operating
> because they cannot deal with the costs.
>
> Furthermore alot of cybercafes operate in the informal economy, they
> need to be integrated into the formal economy before this happens.
> Demanding they install surveillance equipment would disincentivise
> them to embark on such a process.
>
> Crime and hate speech are a big problem, but it cannot be solved
> without a vast array of negative consequences by requiring
> intermediaries to act as policeman.
>
> In the history of the postal service in most countries other than
> totalitarian states, the post office (pre-information society
> intermediaries) where never required to open every letter sent to
> check it did not contain hate speech or planning of crimes. Imagine
> the outrage. Would anyone on this list like to see the post-office
> reading all their letters?
>
> On 17 October 2012 13:16, Kivuva <Kivuva at transworldafrica.com> wrote:
> > 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
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> >> people and institutions interested and involved in ICT policy and
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> >> sector in support of the national aim of ICT enabled growth and
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> >>
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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/
> >>
> >> _______________________________________________ kictanet mailing list
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> >>
> 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.
> >
> >
> > --
> > ______________________
> > 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
> >
> > _______________________________________________
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> >
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> https://lists.kictanet.or.ke/mailman/options/kictanet/alex.comninos%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.
>
> _______________________________________________
> kictanet mailing list
> kictanet at lists.kictanet.or.ke
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>
> 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/
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