[kictanet] Netflix KICTAnet ICT Policy Discussions

Wed Jan 13 13:18:48 EAT 2016

In related matters, has anyone accessed the KFCB Film Classification
Manual? It would be interesting to understand the parameters followed in
classifying films.
Regards,

2016-01-13 13:06 GMT+03:00 Brian Munyao Longwe via kictanet <
kictanet at lists.kictanet.or.ke>:

> Hi all,
>
> I think that one fundamental (and very important) point that most of the
> people demanding regulation for Netflix overlook is that Netflix has not
> "come to Kenya". They are not present in the country in any form or shape.
> They have simply "allowed" Kenyans access to their content - which is
> hosted outside of Kenya - in response to many years of demand. There is
> therefore no basis (legal or otherwise) for us to try impose any conditions
> on them regarding their services.
>
> Please, let us be clear what we are talking about.
>
> Best regards,
>
> Brian
>
>
> On Wed, Jan 13, 2016 at 11:18 AM, Ali Hussein via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> Linda
>>
>> Please see my responses against your comments
>>
>> *Ali Hussein*
>> *Principal*
>> *Hussein & Associates*
>> +254 0713 601113 / 0770906375
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> <http://ke.linkedin.com/in/alihkassim>
>>
>> Blog: www.alyhussein.com
>>
>> "Discovery consists in seeing what everyone else has seen and thinking
>> what no one else has thought".  ~ Albert Szent-Györgyi
>>
>> Sent from my iPad
>>
>> On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng at yahoo.com> wrote:
>>
>> I have been following your discussions here and my  thoughts specifically
>>  on Netflix  and online streaming are as follows:
>>
>> One, as a distributor of audio visual content, Netflix must adhere to the
>> regulations governing distribution of such content in line with all the
>> laws of the Republic of Kenya, irrespective of the type of medium they are
>> using to make that content available to their target consumers. That is the
>> only way the firm’s operations in the country can be legal. As you know,
>>  the law applies across the board and does not exempt foreign firms, or
>> users of online platforms.
>>
>>
>> Ali - Internet Governance issues are in play here and it's not cut and
>> dried as you put. That's why you are seeing two regulators disagreeing. Why
>> don't we then go ahead and also regulate all the other OTT (Over the Top)
>> services like YouTube, Facebook video etc?
>>
>>
>> Two, it is in interest of the country to protect our cyberspace against
>> infiltration with content that is overly violent and damaging to our
>> national values and morals and security. I a reliably informed  that most
>> of the movies distributed via some of these streaming services are rated as
>> suitable for children, yet they have scenes that should not be shown to
>> children. That is rather unfortunate, given that most of our children have
>> access to the Internet. Whose interest are we protecting then when we
>> support such content?
>>
>>
>> Ali - There is no 'our cyberspace'. That's why it's called the World Wide
>> Web. This suggestion to Balkanise the Internet is to the detriment of us
>> all. We should fight it with all we have.
>>
>>
>> Three and of  even greater concern is the fact that British media reports
>> have in fact indicated that some of the content circulating on these
>> platforms requires secret codes to access, raising considerable suspicion
>> as to what kind of information that is to be distributed in such an overt
>> manner. What is the motive of making the information secret, beyond the
>> subscription restrictions, we should ask?
>>
>>
>> Ali - As Uhuru said - Policing should start with us. This business of us
>> asking the government to decide for us everything even what we watch in our
>> sitting rooms is a recipe for disaster. We don't want a Morality Police in
>> our country. It starts with you and I. Let's desist from this mentality of
>> 'Serikali saidia'!
>>
>>
>> Four, there is   concern over  growing levels of pornographic material
>> available in the country mainly originating from other countries. The
>> source is online platforms.  This  should worry every good citizen.
>> Radicalization is also one other major concern in online channels of
>> content distribution. This is the reason why KFCB and CA should be given
>> all the support they require by all stakeholders to ensure this kind of
>> content is classified and regulated appropriately. In any case, who is not
>> affected by these challenges?
>>
>> Ali - True. It starts with us. Regulators are not supposed to enter our
>> homes and police us. It's instructive that KFCB and CA are reading from the
>> same script.
>>
>> As I have said, everyone is bound by the law. As it is now, all content
>> coming into the country is subject to the laws of Kenya. Without exception. Clearly
>> then, if Netflix fails to submit their content for classification as
>> expected by the law, their operations in Kenya will be illegal and must in
>> that event face the full force of the laws of Kenya.  Let us not be
>> against regulation without considering its benefits to our country.
>>
>>
>> Again true. However, regulators need to also understand that the script
>> has changed. There is a new dispensation afoot. And they need to get on
>> with the program. The days of the telegram are gone. The ITU as we know it
>> also needs to reinvent itself. The CA fortunately is showing us positives
>> (I'm willing to give them the benefit of doubt when it comes to some of the
>> decisions and draft laws they come up. After all we are not perfect!) and
>> they really need to continue in the same vein.
>>
>>
>> Regards
>>
>> Linda
>> *Amazon Tech Heights. Org*
>>
>>
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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.
>

-- 
Grace L.N. Mutung'u
Nairobi Kenya
Skype: gracebomu
Twitter: @Bomu

<http://www.diplointernetgovernance.org/profile/GraceMutungu>

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