[kictanet] Online Imposters

[Alex Comninos]

Impersonation is not illegal in certain contexts both online and
offline. For example one can impersonate someone for art like in a
play or for parody and satire. Additionally one can also (badly)
impersonate someone at a dress up party for instance. Whether the
impersonation actually leads people to believe that the person is
really the object of impersonation would of course have a bearing on
the law. Thus certain types of online impersonation - for obvious
parody for example should not be illegal online.

Impersonation for parody or political commentary is an age old and
legal tradition. However in many instances politicians do not take
kindly to it. Impersonation under certain circumstances online should
also be protected.

We must take care that policing online impersonation does not have
adverse side effects such on freedom of speech, and lead to a policing
of parody.

The case of India could be an important case to look at
http://www.thehindu.com/sci-tech/internet/article3821584.ece


Alex Comninos



On 18 October 2012 00:39, Grace Githaiga <ggithaiga at hotmail.com> wrote:
> Good morning Listers
>
>
> Yesterday we had a stimulating debate on prosecuting hate speech online. Ali
> Hussein pointed out that what is wrong offline is also wrong online and gave
> the example of impersonation.
>
>
> Today, we want to focus our attention on online imposters.
>
>
> We have had cases of imposters creating facebook and twitter accounts of
> known personalities for example of the former government spokesperson Alfred
> Mutua, Comedian Churchill aka Mwalimu King’gang’ and several politicians.
> The police have also been impersonated on twitter.
>
>
> In such a case, where is the place of ethics and personal values especially
> when impersonating other people online? Is there a provision of personal
> values in our constitution or in any or our legislation that can provide
> guidance on how to handle online imposters? How should such matters be dealt
> with?
>
>
> Lets hear it from you. This is the second last day to contribute as we will
> be winding up this debate tomorrow.
>
> Have a wonderful day.
> Rgds
> Grace
> ________________________________
> From: ali at hussein.me.ke
> Date: Wed, 17 Oct 2012 16:38:00 +0300
> Subject: Re: [kictanet] [ISOC_KE] Prosecution of online hate speech
> CC: kictanet at lists.kictanet.or.ke
> To: ggithaiga at hotmail.com
>
> Alex and all
>
> I always find that the simple rules of every day life if also followed on
> the Internet invariably works albeit with tweaks here and there. What is
> wrong offline is also wrong online. Impersonation whether off or online is
> still wrong. The principles of privacy and freedom of expression cuts both
> ways.
>
> I think sometimes we make it too complicated by thinking that the Internet
> is a unique place where people can get away with things that they probably
> wouldn't in the 'real' world. Once we accept that the Internet is just
> another medium which accelerates interaction and blurs community boundaries
> and accept that the basic tenets of good and bad still remain the same
> despite the hyper-connectivity enablement we will be the better for it.
>
> Regards
>
> Ali Hussein
> CEO | 3mice interactive media Ltd
> Principal | Telemedia Africa Ltd
>
> +254 773/713 601113
>
> Sent from my iPad
>
> On Oct 17, 2012, at 4:15 PM, Barrack Otieno <otieno.barrack at gmail.com>
> wrote:
> tions.
>
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