[kictanet] Netflix to be regulated by KFCB in Kenya

Ngigi Waithaka ngigi at at.co.ke
Mon Jan 11 19:35:57 EAT 2016


Mwendwa,

Does the law classify content based on where it is played, viewed or both?

Can a Kenyan in Kenya access adult sites based in US?
Can an American in Kenya access adult sites based in the US?
Can a Kenyan in Kenya access adult sites in Kenya
Can an American in Kenya access adult sites in Kenya?

Before we talk regulation, these have to be very clearly defined and
understood across the board.

Also, KFSB rushing to regulate Netflix is like banning Uganda FM stations
in Busia... Is it practical?

Short of mass surveillance and content blocking at our Internet Gateways,
something that puts us in the league of countries like North Korea & Saudi
Arabia, how would this work in practice?

IMO, any content (...The following movie is rated Adults Only)...will
always be available for those who are really interested in getting it. The
only way we could regulate ourselves is from our Society Norms not by
policing...

The only area that I see as a possible regulation ground is where the
public is involved... e.g Cinemas, Music Concerts but this should not
extend to our houses.

Rgds

On Mon, Jan 11, 2016 at 5:06 PM, Mwendwa Kivuva via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> On Jan 11, 2016 11:55 AM, "James Wamathai via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
> >
> > I don't think they know how Netflix works and in any case the service is
> compliant in that it gives the user the ability to create a kids account
> where there will only be kids content.
> >
>
> Wamaitha, No. The service is not compliant becase the law specifically
> classifies content that all of us should not access. Some Content that is
> acceptable by US standards is not acceptable by Kenyan standards.
>
> > But even if we were talk regulation, I don't see how they would do that.
> Interested to see how this plays out.
> >
> > -----
>
> Netflix would simply ask KFCB to give them a list of content to block, and
> you would not be able to access that content using a Kenyan account. This
> is where VPN services rake in the money.
>
> Regards
>
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-- 
*Regards,*

*Wait**haka Ngigi*
Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000
www.at.co.ke
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