[kictanet] Handling of complains by an Intermediary

Fri Oct 19 07:01:39 EAT 2012

Thanks Ali, Mark,
Barrack and Alex for keeping the debate vibrant. 

Today is our last
day of discussing the various issues that have arisen on intermediary
liabilities. Two questions:

1.     
A while
ago, one Lister reported on this platform of the efforts he was making to get
google to bring some post down and he gave his reasons. 

If citizens complain to an intermediary for
example google that infomation posted on its site is defamatory or harmful, but
the intermediary sees no harm in the content and insists that it can only take
down the said content if there is a court order, what forms of redress are
available for this citizen especially if s/he has no funds to go to court?

2.     
With
Internet users becoming mini publishers (blogs and facebook), do we need a liberal
definition of intermediaries that would include them considering such users may
have low awareness levels? 

Over to you
Listers. 

And a great furahi
day.

Rgds

GG
From: ali at hussein.me.ke
Date: Thu, 18 Oct 2012 14:02:44 +0300
Subject: Re: [kictanet] Online Imposters
CC: kictanet at lists.kictanet.or.ke
To: ggithaiga at hotmail.com

Important differentiation Alex. And I concede that impersonation within those parameters isn't necessarily harmful. What I mean here is the impersonation that has a deliberate harmful skew to it.
Regards 

Ali HusseinCEO | 3mice interactive media LtdPrincipal | Telemedia Africa Ltd
+254 773/713 601113
Sent from my iPad
On Oct 18, 2012, at 1:57 PM, Barrack Otieno <otieno.barrack at gmail.com> wrote:

+ 1 Alex, i think the law looks at facts if it was commited for the
wrong reasons then it ought to be punished.

Best Regards

On Thu, Oct 18, 2012 at 1:52 PM, Alex Comninos <alex.comninos at gmail.com> wrote:
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.

_______________________________________________
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/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
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/info%40alyhussein.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
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. 		 	   		  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://lists.kictanet.or.ke/pipermail/kictanet/attachments/20121019/132133de/attachment.htm>