[kictanet] On Homosexuality and Information Controls: Laws and Culture
Grace Mutung'u (Bomu)
nmutungu at gmail.com
Wed Feb 24 20:20:31 EAT 2016
Barrack, I agree that taking the "non-issue" approach on the now popular
video would have served all better.
Tarehe 24 Feb 2016 18:18, "Barrack Otieno via kictanet" <
kictanet at lists.kictanet.or.ke> aliandika:
> 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
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> >>> >> <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
> >>> >>
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> >>> >> <
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> >
> >>> >> <
> 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
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> >>> >> 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
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> >>> >>
> >>> >>
> >>> >> _______________________________________________
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> >
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> 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
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> >>> >>
> >>> >> 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
>
> _______________________________________________
> 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/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.
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