[kictanet] The Securities laws amendment bill 2014 and it's impact on ICT

[Mwendwa Kivuva]

Kenya is in the process of implementing a new bill the "Security Laws
(Amendment) Act, 2014." which is being fast-tracked by the executive. This
law among other thing seeks to put in place punitive measures to ensure
terrorists and those who promote terrorism are punished accordingly. We
will seek to review the clauses in the law that affect the ICT industry,
and ask you to give feedback on how best the laws should be implemented.
Attached with this email is the security laws.

 Here are some of the contents of the laws
1. The bill makes it an offence to broadcast information which undermines
investigations relating to terrorism without police consent. (page 55)
2. The National Security Organs may intercept communication for the
purposes of detecting, deterring and disrupting terrorism in accordance
with procedures to be prescribed by the Cabinet Secretary. (Page 57)
3. A person who publishes or causes to be published or distributed obscene,
gory or offensive material which is likely to cause fear and alarm to the
general public or disturb
public peace is guilty of a felony (page 4)
4. It's illegal to post anything in social media that praise, advocate or
incite acts of terrorism
5. It's illegal to adopt ideologies based on violence and which advance
political, religious or social change in terms of radicalisation
6. In any legal proceedings, electronic messages and digital material shall
be admissible as evidence. (Page 29)
7. The Bill intends to make it an offence to publish or broadcast
photographs of victims of terror attacks without the consent of the police
or the victim. (page 55)

The public consultation started and probably ended yesterday (why such a
short notice), but your input can still go a long way in ensuring we pass
laws that serve the Mwananchi fairly.

Internet Society Kenya Chapter and Kictanet seeks to engage in a series of
online discussions covering various trending issues which will culminate in
a public consultative forum with industry and policymakers to share the
feedback from the community and see how best we can influence and shape the
Internet landscape in Kenya.

Sincerely,
______________________
Mwendwa Kivuva, Nairobi, Kenya
Secretary, Internet Society Kenya Chapter

"There are some men who lift the age they inhabit, till all men walk on
higher ground in that lifetime." - Maxwell Anderson
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