[kictanet] On Homosexuality and Information Controls: Laws and Culture

Barrack Otieno otieno.barrack at gmail.com
Wed Feb 24 18:17:58 EAT 2016


Walu,


IMHO the greatest Human Right is love your neighbor as you love your
self, the rest are derivatives that can be interpreted diversely.
Sorry Mose but i take sides with His Excellency the President on this
matter when he stood beside POTUS at State House Nairobi.

Regards

On 2/24/16, Mose Karanja via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> This is interesting even to KICTANet because the Internet is already the new
> frontier for Human Rights contestations.
> However, seeing as the list is quite diverse, let me buy you coffee anytime
> we take this discussion further.
>
> Cheers!
>> On Feb 24, 2016, at 5:50 PM, Walubengo J <jwalu at yahoo.com> wrote:
>>
>> @Mose,
>>
>> We ALL have the SAME divine references. This is what makes us human,
>> remember?
>>
>> Different cultures, Christian, Muslim, Hindu, African Traditionalist and
>> even Atheists agree to the presence of a supreme being who inscribes what
>> is right and what is wrong in your conscience.  It doesnt matter how many
>> times one may want to 'erase' their conscience, human beings ALL know what
>> is right what is wrong - by design.
>>
>> Actually there is a whole science behind all these..Its called Theology.
>> One can actually logically to prove that what is right and what is wrong
>> is universal. But sometimes we do not need any science..we just need
>> examples.
>>
>> ...Theft is wrong - no matter how  raw/immature, sophisticated or advanced
>> your culture may purport to be. Even in post-Christian Europe of today,
>> they still do not encourage stealing...though they encourage everything
>> else in the name of freedoms/human rights etc :-)
>>
>> Anyway I digress, but my point is that the Fundamental Truth does not vary
>> according to cultures, because it was written in your
>> heart/soul/spirit/being in the beginning. You can ran away from it
>> (through passing man-made laws, fashion, peer pressure, etc), but deep
>> down your mind, it will always speak to you and nag you about what is
>> right and what is wrong.
>>
>> Anyway, we may need a cup of coffee on this debate...because it may go out
>> of ICTs and I risk spamming Listers.
>>
>> walu.
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> From: Mose Karanja <mosekaranja at gmail.com>
>> To: Walubengo J <jwalu at yahoo.com>
>> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>;
>> Mildred Achoch <mildandred at gmail.com>
>> Sent: Wednesday, February 24, 2016 5:13 PM
>> Subject: Re: [kictanet] On Homosexuality and Information Controls: Laws
>> and Culture
>>
>> Walu,
>> With all due respect to the divine references, I think what is right
>> cannot be defined by what is ‘divine’ on so many levels top of them being
>> that we have no common divine to ensure harmony.
>>
>> As Grace observed, when consensus eludes us, we refer back to the
>> Constitution (through the Judiciary or such). The Kenyan Constitution is
>> very clear; there is no State religion. On this matter therefore, the
>> constitution is supreme. In reality though, cultural regimes dominate.
>> That is where the challenge is and if the tool that is the Internet is to
>> deliver the human rights and equality promise, then we ought to work on
>> the repressive cultural regimes.
>>
>> Moses.
>>
>>
>>> On Feb 24, 2016, at 4:11 PM, Walubengo J <jwalu at yahoo.com
>>> <mailto:jwalu at yahoo.com>> wrote:
>>>
>>> I had a tweef (twitter fight) on this one.  I concluded and do so here
>>> again.
>>>
>>> What is legal is not always right (think Prostitution? Abortion?) .
>>> Additionally, what is deemed illegal could infact be right (think Mau
>>> mau, Nelson Mandela aparthied struggle?, etc).
>>>
>>> In short the question of being  legal/illegal is man-made, what you and
>>> me (actually our not so reliable MPs) decide. However being Right/Wrong
>>> is divine.
>>>
>>> Sometimes the legal and divine are on the same page. Occassionally they
>>> are not.  At that point its your individual choice to side with either
>>> man-made laws or divine laws.  Mutua may have sided with the divine. He
>>> may not succeed, but we pay him to try :-)
>>>
>>> walu.
>>>
>>>
>>> From: Mildred Achoch via kictanet <kictanet at lists.kictanet.or.ke
>>> <mailto:kictanet at lists.kictanet.or.ke>>
>>> To: jwalu at yahoo.com <mailto:jwalu at yahoo.com>
>>> Cc: Mildred Achoch <mildandred at gmail.com <mailto:mildandred at gmail.com>>;
>>> Mose Karanja <mosekaranja at gmail.com <mailto:mosekaranja at gmail.com>>
>>> Sent: Wednesday, February 24, 2016 3:01 PM
>>> Subject: Re: [kictanet] On homosexuality and Information Controls: Laws
>>> and	Culture
>>>
>>> Thank you Moses, Grace et al. I have learned a lot today!
>>>
>>> On Wednesday, February 24, 2016, Grace Mutung'u (Bomu) via kictanet
>>> <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>>
>>> wrote:
>>> Moses, thank you for reminding us of our duty towards a more inclusive
>>> society. KFCB "banned" the song as "homosexuality is illegal". Infact,
>>> the proximate videos on YouTube have (non homosexual) content that many
>>> Kenyan parents would rate "after high school age" but these are not a
>>> target of the ban. The video is opportune as it forces us to start this
>>> conversation.
>>>
>>> The legality of homosexuality is a question that has already been before
>>> the courts in Petition No 440 of 2012 available here
>>> http://kenyalaw.org/caselaw/cases/view/108412/
>>> <http://kenyalaw.org/caselaw/cases/view/108412/>. In this case, the
>>> government had declined to register an organisation for gay rights and
>>> the organisation went to court seeking to protect their rights.
>>>
>>> While interpreting sections 162, 163 and 165 of the Penal Code, the court
>>> held as follows:
>>>
>>> “A reading of the above provisions indicates that the Penal Code does not
>>> criminalise homosexuality, or the state of being homosexual, but only
>>> certain sexual acts“against the order of nature.”. That the State does
>>> not set out to prosecute people who confess to be lesbians and
>>> homosexuals in this country is a clear manifestation that such sexual
>>> orientation is not necessarily criminalised. What is deemed to be
>>> criminal under the above provision of the Penal Code is certain sexual
>>> conduct “against the order of nature”, but the provision does not define
>>> what the “order of nature” is.”
>>>
>>> ​@Mildred, on your second question, I would hold that if we want to
>>> police content where there is no consensus on the illegality of the
>>> content, let it be through a judicial process. ​
>>>
>>> Regards,
>>>
>>> 2016-02-24 14:13 GMT+03:00 Barrack Otieno via kictanet
>>> <kictanet at lists.kictanet.or.ke
>>> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>:
>>> Hi Moses,
>>>
>>> It goes back to our value systems as a Nation, what is considered
>>> moral offline should be considered moral online and vice versa. I
>>> think the mandate of the Kenya Film Classification Board is very clear
>>> and is based on our constitution and should be debated against that.
>>>
>>> The Internet is just a tool even though we try to ascribe a lot of
>>> fanciness to it, it can be used to build or to destroy communities and
>>> nations. It is upon us to decide whether we want to hide under
>>> philosophical arguments or strengthen the value systems in our society
>>> which will in turn strengthen the very society we live in, we cannot
>>> hide our heads in the sand and accept everything that comes our way.
>>>
>>> Over the weekend my car was hit while stationary in a traffic jam by a
>>> Matatu being driven by 'cool' young men. They bullied me to make way
>>> for their vehicle since they were in a hurry, the worst part is they
>>> never stopped to apologize even after damaging my car, fellow Kenyans
>>> on the road found this unacceptable and  asked me to pursue the young
>>> men and have a word with them, i succeed in blocking them and found
>>> myself in a situation i did not anticipate. The driver was a childhood
>>> friend totally intoxicated and indulging in the same drug abuse as he
>>> was driving carrying 33 passengers, i will not even talk about the
>>> blaring music whose content we are all aware of. To make it worse the
>>> drove through two police checks with approximately seven policemen.
>>>
>>> I suppose that is the Kenya we want, but we need to pose and reflect
>>> on our Social Fabric.
>>>
>>> Regards
>>>
>>> On 2/24/16, Mose Karanja via kictanet <kictanet at lists.kictanet.or.ke
>>> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>> wrote:
>>> > Hello listers,
>>> >
>>> > The Internet has been a great platform for sexual minorities and those
>>> > who
>>> > work to defend their rights for organization, support groups and as
>>> > safe
>>> > haven from hostile offline environments. The video clip in question
>>> > was
>>> > uploaded, not sold on the streets of Nairobi, in part because the
>>> > Internet
>>> > is a safer platform for the LGBTQ community.
>>> >
>>> > My thinking on this is not even a question of legality but rather about
>>> > the
>>> > cultural expectations we have in our country on this topic. If tomorrow
>>> > the
>>> > LGBTQ community successfully lodged a constitutional case on the
>>> > illegality
>>> > of the clauses incriminating their very identity, the people they live
>>> > with
>>> > in their neighbourhoods, schools, churches and mosques would not accept
>>> > them
>>> > overnight. It will take time and immense effort to build a critical
>>> > mass who
>>> > take our brothers and sisters who are sexual minorities as human
>>> > beings. As
>>> > human rights defenders, out role should then be to keep the Internet as
>>> > that
>>> > safe haven for the LGBTQ.
>>> >
>>> > Moses.
>>> >
>>> >> On Feb 24, 2016, at 12:23 PM, kictanet-request at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> wrote:
>>> >>
>>> >> Send kictanet mailing list submissions to
>>> >>      kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >>
>>> >> To subscribe or unsubscribe via the World Wide Web, visit
>>> >>      https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>> >> or, via email, send a message with subject or body 'help' to
>>> >>      kictanet-request at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >>
>>> >> You can reach the person managing the list at
>>> >>      kictanet-owner at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >>
>>> >> When replying, please edit your Subject line so it is more specific
>>> >> than "Re: Contents of kictanet digest..."
>>> >> Today's Topics:
>>> >>
>>> >>   1. Re: Films board gives Google a week to take down gay song
>>> >>      video - Corporate News (Mildred Achoch)
>>> >>   2. Re: Films board gives Google a week to take down gay song
>>> >>      video - Corporate News (simiyu mse)
>>> >>
>>> >> From: Mildred Achoch <mildandred at gmail.com
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >> Subject: Re: [kictanet] Films board gives Google a week to take down
>>> >> gay
>>> >> song video - Corporate News
>>> >> Date: February 24, 2016 at 11:59:52 AM EAT
>>> >> To: simiyu mse <kensimiyu at gmail.com
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >>
>>> >>
>>> >> Hi Ken,
>>> >>
>>> >> Let me ask some questions in an attempt to answer your question (and
>>> >> at
>>> >> the risk of opening a can of worms)
>>> >>
>>> >> 1. Note: I don't know the details of the laws regarding homosexuality
>>> >> in
>>> >> Kenya. My question is: in Kenya, is it illegal to practice
>>> >> homosexuality
>>> >> or is it illegal to BE a homosexual?
>>> >>
>>> >> 2. Related to the above question, as an artist/creative/content
>>> >> producer
>>> >> whose role in society is to hold up a mirror using my art, is it
>>> >> illegal
>>> >> to portray what is already happening in society? Crime is illegal yet
>>> >> Nairobi Halflife was not banned. :-)
>>> >>
>>> >> It goes back to the muddy issue of morality. It seems in Kenya, some
>>> >> crimes are deemed more hazardous than others and these skewed views
>>> >> trickle down to censorship parameters.
>>> >>
>>> >> The issue of obeying the laws of the land is also muddy, especially
>>> >> in
>>> >> this age of globalization. Is my online TV channel, which is
>>> >> available
>>> >> only on the Internet, hosted by a foreign country and with majority
>>> >> of
>>> >> viewers being non-Kenyans, subject to the laws of Kenya (only)?
>>> >>
>>> >> Check out the Rock 'n' roll film festival, Kenya TV Channel!
>>> >> http://kenyarockfilmfestivaljournal.blogspot.com
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/>
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/>>
>>> >>
>>> >>
>>> >> On Wed, Feb 24, 2016 at 9:31 AM, simiyu mse <kensimiyu at gmail.com
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> <mailto:kensimiyu at gmail.com
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>> wrote:
>>> >> Hello Mildred.
>>> >>
>>> >> Excellent points and just as you said, if you support the infringement
>>> >> of
>>> >> one's right then its only a matter of time before the axe is trained
>>> >> on
>>> >> yours.
>>> >>
>>> >> However, there is the element of promoting something that is illegal.
>>> >> Homosexuality is currently illegal in the country. The morality angle
>>> >> may
>>> >> be abit vague based on it's subjective nature but in terms of legality
>>> >> it
>>> >> is as clear as night and day.
>>> >>
>>> >> Whats your take on the matter being an online media stakeholder?
>>> >>
>>> >> Kind regards.
>>> >>
>>> >> ./ken
>>> >>
>>> >> The major problem is that there is no clear line as to what "morality"
>>> >> is.
>>> >> Each individual, each government has their take on what is moral. So
>>> >> who's
>>> >> right is it to say what is right and what is wrong? I do my best to
>>> >> support the freedom of even those whose opinions I do not agree with.
>>> >> Because when someone else's freedom is infringed upon then it's just
>>> >> a
>>> >> matter of time before my freedom is also infringed upon.
>>> >>
>>> >> My very personal and biased answers to the questions asked:
>>> >>
>>> >> 1. Should we allow content online that we wouldn't even think about
>>> >> showing in our sitting rooms and public places?
>>> >>
>>> >> In one word: yes. On the internet, the individual has more freedom to
>>> >> "switch off" what they don't want to view. Plus there are ways in
>>> >> which
>>> >> content providers can place restrictions so that minors etc cannot
>>> >> have
>>> >> access to controversial content. This is very personal to me because
>>> >> I
>>> >> currently have an online TV channel that shows content (rock music
>>> >> videos)
>>> >> that would normally not be shown on Kenyan TV.
>>> >>
>>> >> 2. Should the government be the morality cop when we as parents fail
>>> >> to do
>>> >> our duty?
>>> >>
>>> >> In one word: no. The answer to this question is in the question :-)
>>> >> Parents/Caregivers need to do their duty.
>>> >>
>>> >> 3. Where does third party liability start and stop? There are
>>> >> precedents
>>> >> here by the way where Google has actually taken down graphic
>>> >> Al-Shabaab
>>> >> videos and the US Government ordering Google to take down the video -
>>> >> Innocence of Muslims.
>>> >>
>>> >> I have never watched nor plan to ever watch graphic Al-Shabaab videos
>>> >> but
>>> >> I still don't think they should have been taken down. Censorship is
>>> >> censorship. Today it will be graphic Al-Shabaab videos, tomorrow it
>>> >> will
>>> >> be "graphic" rock 'n' roll videos. Even graphic videos have a story
>>> >> to
>>> >> tell, a lesson to teach, a warning to give.
>>> >>
>>> >> Just my two cents :-)
>>> >>
>>> >> Check out the Rock 'n' roll film festival, Kenya TV Channel!
>>> >> http://kenyarockfilmfestivaljournal.blogspot.com
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/>
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/>>
>>> >>
>>> >>
>>> >> On Wed, Feb 24, 2016 at 9:00 AM, Ali Hussein via kictanet
>>> >> <kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> <mailto:kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>>
>>> >> wrote:
>>> >> Listers
>>> >>
>>> >> This may be of interest.
>>> >>
>>> >> http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/>
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>>index.html
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>>
>>> >> It has become increasingly important for we as a nation to define our
>>> >> parameters when it comes to content.
>>> >>
>>> >> 1. Should we allow content online that we wouldn't even think about
>>> >> showing in our sitting rooms and public places?
>>> >>
>>> >> 2. Should the government be the morality cop when we as parents fail
>>> >> to do
>>> >> our duty?
>>> >>
>>> >> 3. Where does third party liability start and stop? There are
>>> >> precedents
>>> >> here by the way where Google has actually taken down graphic
>>> >> Al-Shabaab
>>> >> videos and the US Government ordering Google to take down the video -
>>> >> Innocence of Muslims.
>>> >>
>>> >> I suspect there's no easy answer to these pressing issues.
>>> >>
>>> >> Net Neutrality  is becoming an issue that needs our attention - and
>>> >> quickly.
>>> >>
>>> >> Ali Hussein
>>> >> Tel: +254 713 601113
>>> >>
>>> >>
>>> >> _______________________________________________
>>> >> kictanet mailing list
>>> >> kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> <mailto:kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>>
>>> >>
>>> >> Unsubscribe or change your options at
>>> >> https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com>
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%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
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> <mailto:kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>>
>>> >>
>>> >> Unsubscribe or change your options at
>>> >> https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%40gmail.com
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%40gmail.com>
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%40gmail.com
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%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.
>>> >>
>>> >>
>>> >>
>>> >>
>>> >> From: simiyu mse <kensimiyu at gmail.com
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >> Subject: Re: [kictanet] Films board gives Google a week to take down
>>> >> gay
>>> >> song video - Corporate News
>>> >> Date: February 24, 2016 at 9:31:54 AM EAT
>>> >> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >>
>>> >>
>>> >> Hello Mildred.
>>> >>
>>> >> Excellent points and just as you said, if you support the infringement
>>> >> of
>>> >> one's right then its only a matter of time before the axe is trained
>>> >> on
>>> >> yours.
>>> >>
>>> >> However, there is the element of promoting something that is illegal.
>>> >> Homosexuality is currently illegal in the country. The morality angle
>>> >> may
>>> >> be abit vague based on it's subjective nature but in terms of legality
>>> >> it
>>> >> is as clear as night and day.
>>> >>
>>> >> Whats your take on the matter being an online media stakeholder?
>>> >>
>>> >> Kind regards.
>>> >>
>>> >> ./ken
>>> >>
>>> >> The major problem is that there is no clear line as to what "morality"
>>> >> is.
>>> >> Each individual, each government has their take on what is moral. So
>>> >> who's
>>> >> right is it to say what is right and what is wrong? I do my best to
>>> >> support the freedom of even those whose opinions I do not agree with.
>>> >> Because when someone else's freedom is infringed upon then it's just
>>> >> a
>>> >> matter of time before my freedom is also infringed upon.
>>> >>
>>> >> My very personal and biased answers to the questions asked:
>>> >>
>>> >> 1. Should we allow content online that we wouldn't even think about
>>> >> showing in our sitting rooms and public places?
>>> >>
>>> >> In one word: yes. On the internet, the individual has more freedom to
>>> >> "switch off" what they don't want to view. Plus there are ways in
>>> >> which
>>> >> content providers can place restrictions so that minors etc cannot
>>> >> have
>>> >> access to controversial content. This is very personal to me because
>>> >> I
>>> >> currently have an online TV channel that shows content (rock music
>>> >> videos)
>>> >> that would normally not be shown on Kenyan TV.
>>> >>
>>> >> 2. Should the government be the morality cop when we as parents fail
>>> >> to do
>>> >> our duty?
>>> >>
>>> >> In one word: no. The answer to this question is in the question :-)
>>> >> Parents/Caregivers need to do their duty.
>>> >>
>>> >> 3. Where does third party liability start and stop? There are
>>> >> precedents
>>> >> here by the way where Google has actually taken down graphic
>>> >> Al-Shabaab
>>> >> videos and the US Government ordering Google to take down the video -
>>> >> Innocence of Muslims.
>>> >>
>>> >> I have never watched nor plan to ever watch graphic Al-Shabaab videos
>>> >> but
>>> >> I still don't think they should have been taken down. Censorship is
>>> >> censorship. Today it will be graphic Al-Shabaab videos, tomorrow it
>>> >> will
>>> >> be "graphic" rock 'n' roll videos. Even graphic videos have a story
>>> >> to
>>> >> tell, a lesson to teach, a warning to give.
>>> >>
>>> >> Just my two cents :-)
>>> >>
>>> >> Check out the Rock 'n' roll film festival, Kenya TV Channel!
>>> >> http://kenyarockfilmfestivaljournal.blogspot.com
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/>
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/
>>> >> <http://kenyarockfilmfestivaljournal.blogspot.com/>>
>>> >>
>>> >>
>>> >> On Wed, Feb 24, 2016 at 9:00 AM, Ali Hussein via kictanet
>>> >> <kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> <mailto:kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>>
>>> >> wrote:
>>> >> Listers
>>> >>
>>> >> This may be of interest.
>>> >>
>>> >> http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/>
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>>index.html
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html
>>> >> <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>>
>>> >> It has become increasingly important for we as a nation to define our
>>> >> parameters when it comes to content.
>>> >>
>>> >> 1. Should we allow content online that we wouldn't even think about
>>> >> showing in our sitting rooms and public places?
>>> >>
>>> >> 2. Should the government be the morality cop when we as parents fail
>>> >> to do
>>> >> our duty?
>>> >>
>>> >> 3. Where does third party liability start and stop? There are
>>> >> precedents
>>> >> here by the way where Google has actually taken down graphic
>>> >> Al-Shabaab
>>> >> videos and the US Government ordering Google to take down the video -
>>> >> Innocence of Muslims.
>>> >>
>>> >> I suspect there's no easy answer to these pressing issues.
>>> >>
>>> >> Net Neutrality  is becoming an issue that needs our attention - and
>>> >> quickly.
>>> >>
>>> >> Ali Hussein
>>> >> Tel: +254 713 601113
>>> >>
>>> >>
>>> >> _______________________________________________
>>> >> kictanet mailing list
>>> >> kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> <mailto:kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>>
>>> >>
>>> >> Unsubscribe or change your options at
>>> >> https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com>
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%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
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> <mailto:kictanet at lists.kictanet.or.ke
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>>
>>> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>>
>>> >>
>>> >> Unsubscribe or change your options at
>>> >> https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%40gmail.com
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%40gmail.com>
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%40gmail.com
>>> >> <https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%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
>>> >> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> >> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>> >
>>> > ---
>>> > Moses Karanja | @Mose_Karanja <https://twitter.com/Mose_Karanja
>>> > <https://twitter.com/Mose_Karanja>> | PGP:
>>> > 0x1529552F
>>> > <https://pgp.mit.edu/pks/lookup?op=index&fingerprint=on&search=0x1529552F
>>> > <https://pgp.mit.edu/pks/lookup?op=index&fingerprint=on&search=0x1529552F>>
>>> >
>>> >
>>> >
>>> >
>>> >
>>>
>>>
>>> --
>>> Barrack O. Otieno
>>> +254721325277
>>> +254733206359
>>> Skype: barrack.otieno
>>>
>>> _______________________________________________
>>> kictanet mailing list
>>> kictanet at lists.kictanet.or.ke
>>> <applewebdata://F8418D6E-A20A-4C50-BC37-3E231139DDE1>
>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>>
>>> Unsubscribe or change your options at
>>> https://lists.kictanet.or.ke/mailman/options/kictanet/nmutungu%40gmail.com
>>> <https://lists.kictanet.or.ke/mailman/options/kictanet/nmutungu%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.
>>>
>>>
>>>
>>> --
>>> Grace L.N. Mutung'u
>>> Nairobi Kenya
>>> Skype: gracebomu
>>> Twitter: @Bomu
>>>
>>> <http://www.diplointernetgovernance.org/profile/GraceMutungu
>>> <http://www.diplointernetgovernance.org/profile/GraceMutungu>>
>>>
>>> PGP ID : 0x33A3450F
>>>
>>>
>>>
>>> --
>>> Check out the Rock 'n' roll film festival, Kenya TV Channel!
>>> http://kenyarockfilmfestivaljournal.blogspot.com
>>> <http://kenyarockfilmfestivaljournal.blogspot.com/>
>>>
>>>
>>>
>>> _______________________________________________
>>> kictanet mailing list
>>> kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>
>>> https://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> <https://lists.kictanet.or.ke/mailman/listinfo/kictanet>
>>>
>>> Unsubscribe or change your options at
>>> https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
>>> <https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.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.
>>>
>>>
>>
>> ---
>> Moses Karanja | @Mose_Karanja <https://twitter.com/Mose_Karanja> | PGP:
>> 0x1529552F
>> <https://pgp.mit.edu/pks/lookup?op=index&fingerprint=on&search=0x1529552F>
>>
>>
>>
>>
>>
>>
>
> ---
> Moses Karanja | @Mose_Karanja <https://twitter.com/Mose_Karanja> | PGP:
> 0x1529552F
> <https://pgp.mit.edu/pks/lookup?op=index&fingerprint=on&search=0x1529552F>
>
>
>
>
>


-- 
Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno




More information about the KICTANet mailing list