[kictanet] Netflix to be regulated by KFCB in Kenya

Tue Jan 12 04:18:30 EAT 2016

Ngigi

Well put. I'm writing this with a smile because even if they wanted to they just simply don't have the capacity to stop innovating Kenyans accessing any content available online. Short of North Korean style firewalls and censorship. 

By the way just so that we know lots of  Kenyans were already accessing Netflix by simply cheating the IP Readers that they were in the US. This formal announcement was just for those of us who were not savvy enough to know about it.

KFCB is just trying to make itself relevant in a digital world they just simply don't comprehend. 

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> On 11 Jan 2016, at 7:35 PM, Ngigi Waithaka via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> 
> 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,
> 
> Waithaka Ngigi
> Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building
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> 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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