[kictanet] [ISOC_KE] Prosecution of online hate speech

Wed Oct 17 14:59:08 EAT 2012

@Barrack
I would propose that as a law enforcer in a functioning democracy with
respect for human rights, even when enforcing the law against hate
speech, I would not be above the law. Especially the supreme law of
the land (the constitution). I would have a very tough task of
balancing the provisions in the constitution against hate speech with
the right to privacy enshrined in article 31 of the constitution which
includes the right for people not to have their person, home or
property searched; their possessions seized; information relating to
their family or private affairs unnecessarily required or revealed; or
the privacy of their communications infringed.

As a law enforcer, beholden to the constitution, I may even have to
investigate cybercafes or other law enforcement agencies for breaching
the right to privacy installing keyloggers.

Barrack if you were a law enforcer, what would you do?

On 17 October 2012 13:48, Barrack Otieno <otieno.barrack at gmail.com> wrote:
> 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
>> >> 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.
>> >>
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>> >> share knowledge, don't flame or abuse or personalize, respect privacy,
>> >> do
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>> >> 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.otienohttp://www.otienobarrack.me.ke/
>> >>
>> >> _______________________________________________ kictanet mailing list
>> >> kictanet at lists.kictanet.or.ke
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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
>> >
>> > _______________________________________________
>> > kictanet mailing list
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>> >
>> > Unsubscribe or change your options at
>> > 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
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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/
>