[kictanet] KIC (Amendement) Bill - Communications during emergency

Edith Adera eadera at idrc.ca
Tue Jul 9 22:52:51 EAT 2013


Listers,

I managed to catch the tail end of the stakeholder deliberations today, and wonder if I'm the only one uncomfortable with this section below in the Kenya Information and Communication Bill?

Am I unduly concerned or others feel the same? Worth debating?

Concerned Edith

===============

102B. (1) Upon the declaration of a state of emergency under Article 58 of the Constitution, the Authority may give a direction to any communications service provider that their entitlement to provide communication services has either been:

(a) suspended, either generally or in relation to specific services, networks or facilities ; or

(b) restricted or modified with respect to the provisions given in the direction.



(2) The restriction or modification under subsection (1) (b) of this section may include-

(a) provisions for the taking, removal, addition, construction, control or the usage for purposes of mitigating public emergencies or disasters of, all or any such communication system, equipment or services under this Act; and

(b) provisions for the stopping, delaying and censoring of messages and broadcasts and the carrying out of any other purposes which the Authority thinks necessary to facilitate the direction given.

(3) A direction under this section shall apply only for the duration of the state of emergency
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