[kictanet] Netflix to be regulated by KFCB in Kenya

Tue Jan 12 18:11:09 EAT 2016

@Ngigi
Here is the piece...
Netflix is not for the ‘Internet bundles’ community

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|   |  |   |   |   |   |   |
| Netflix is not for the ‘Internet bundles’ communityWhy DStv, Zuku and the mobile providers can sit pretty and welcome Netflix into the market. |
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| View on www.nation.co.ke | Preview by Yahoo |
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|   |

If you were in my class, I would have said you stole my marking scheme and have you investigated :-)
walu. 

      From: Ngigi Waithaka <ngigi at at.co.ke>
 To: Walubengo J <jwalu at yahoo.com> 
Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
 Sent: Monday, January 11, 2016 8:08 PM
 Subject: Re: [kictanet] Netflix to be regulated by KFCB in Kenya

@Walu,
You know how it is with great ..... :-)
See you tomorrow....
On Mon, Jan 11, 2016 at 7:51 PM, Walubengo J <jwalu at yahoo.com> wrote:

@Ngigi,
You have just pre-empted my tomorrows article/blog. Now folks may not have to read it :-(
walu.
      From: Ngigi Waithaka via kictanet <kictanet at lists.kictanet.or.ke>
 To: jwalu at yahoo.com 
Cc: Ngigi Waithaka <ngigi at at.co.ke>
 Sent: Monday, January 11, 2016 7:35 PM
 Subject: Re: [kictanet] Netflix to be regulated by KFCB in Kenya

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 KenyaCan 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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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.

-- 
Regards,
Waithaka NgigiChief Executive Officer | Alliance Technologies | MCK Nairobi Synod BuildingT +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000
www.at.co.ke

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