[kictanet] kictanet Digest, Vol 104, Issue 47

Josh Kinoti jkinoti at gmail.com
Wed Jan 13 15:28:06 EAT 2016


Barrack, you are right. We are 'advancing' as a people at the expense of
the traditional values of our society.

Having said that, notice how this conversation is slowly turning to a
discussion about morals and ethics.

Not sure, if the outcome will be fruitful in that regard.

As a way forward, I would suggest enforcing of certain factors such as
parental control - for all OTTP related services. Who knows the videos our
children share with their friends on Whatsapp, IG ...

Specifically, my opinion is a local used legislation must be inclusive and
multifaceted. Mere blocking of content might be a simplistic approach to a
complex situation.

On Wednesday, 13 January 2016, Barrack Otieno <otieno.barrack at gmail.com>
wrote:

> Hi Colleagues,
>
> Just to weigh in on this discussion.
>
> Its hard to be a government officer in this day and age :-). We are
> not doing well on the Social Pillar in so far as our Vision 2030
> aspirations are concerned. This has to do with our value systems as a
> nation. Value systems are largely developed through what we hear, what
> we read and what we see, some of us are lucky to have grown when value
> systems existed. Regardless of the technological, cross border and
> geo-political aspects at play we have to achieve balance. I therefore
> pose this question to colleagues?
>
> What would you do if you were in charge of the Kenya Film
> Classification board in light of national aspirations and
> constitutional expectations?
>
> Ready to receive views for and against.<div
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>
> On 1/13/16, Josh Kinoti via kictanet <kictanet at lists.kictanet.or.ke
> <javascript:;>> wrote:
> > Linda makes a good case, Re: regulation of Netflix
> >
> > Just wondering if you are aware one can set a 'child' account.
> >
> > IMO, the supposed regulation will at best stir curiosity. Remember the
> > banning of 'The Wolf of Wall Street' locally? The effects were opposite
> of
> > the intent.
> >
> > We ought to champion for self regulation and individual commitment to
> > uphold the right values.
> >
> > The cyber space is a different kind of a beast.
> >
> > On Wednesday, 13 January 2016, <kictanet-request at lists.kictanet.or.ke
> <javascript:;>>
> > wrote:
> >
> >> Send kictanet mailing list submissions to
> >>         kictanet at lists.kictanet.or.ke <javascript:;> <javascript:;>
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> >>
> >> When replying, please edit your Subject line so it is more specific
> >> than "Re: Contents of kictanet digest..."
> >>
> >>
> >> Today's Topics:
> >>
> >>    1. Re: Netflix KICTAnet ICT Policy Discussions (Ali Hussein)
> >>    2. Fwd: Legislative Update (Grace Mutung'u (Bomu))
> >>
> >>
> >> ----------------------------------------------------------------------
> >>
> >> Message: 1
> >> Date: Wed, 13 Jan 2016 12:18:34 +0300
> >> From: Ali Hussein <ali at hussein.me.ke <javascript:;> <javascript:;>>
> >> To: Linda Ochieng <lindaochieng at yahoo.com <javascript:;>
> <javascript:;>>
> >> Cc: "kictanet at lists.kictanet.or.ke <javascript:;> <javascript:;>" <
> >> kictanet at lists.kictanet.or.ke <javascript:;> <javascript:;>>,
> >>         "mutua.ezekiel at yahoo.com <javascript:;> <javascript:;>" <
> mutua.ezekiel at yahoo.com <javascript:;>
> >> <javascript:;>>, "jwalu at yahoo.com <javascript:;> <javascript:;>"
> >>         <jwalu at yahoo.com <javascript:;> <javascript:;>>
> >> Subject: Re: [kictanet] Netflix KICTAnet ICT Policy Discussions
> >> Message-ID: <14770024-77B9-4CE1-9119-F5292F19F75A at hussein.me.ke
> <javascript:;>
> >> <javascript:;>>
> >> Content-Type: text/plain; charset="utf-8"
> >>
> >> 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
> >> Blog: www.alyhussein.com
> >>
> >> "Discovery consists in seeing what everyone else has seen and thinking
> >> what no one else has thought".  ~ Albert Szent-Gy?rgyi
> >>
> >> Sent from my iPad
> >>
> >> > On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng at yahoo.com
> <javascript:;>
> >> <javascript:;>> 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
> >> -------------- next part --------------
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> >>
> >> ------------------------------
> >>
> >> Message: 2
> >> Date: Wed, 13 Jan 2016 12:46:09 +0300
> >> From: "Grace Mutung'u (Bomu)" <nmutungu at gmail.com <javascript:;>
> <javascript:;>>
> >> To: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke
> <javascript:;>
> >> <javascript:;>>
> >> Subject: [kictanet] Fwd: Legislative Update
> >> Message-ID:
> >>         <
> >> CAMwG4pyV31CZPL009mRoLqr7omJYV2Sz710HyHsjkEj2zYjrmg at mail.gmail.com
> <javascript:;>
> >> <javascript:;>>
> >> Content-Type: text/plain; charset="utf-8"
> >>
> >> Listers,
> >> FYI.
> >>
> >>
> >>
> >>
> >> January 8, 2016, Legislative Update 001
> >> See it Online
> >> <
> >>
> http://us7.campaign-archive1.com/?u=f42c73e8d9f3ec44858944bb5&id=82b0de79cd&e=66073bbaf9
> >> >
> >> Forward to Friend
> >> <
> >>
> http://us7.forward-to-friend.com/forward?u=f42c73e8d9f3ec44858944bb5&id=82b0de79cd&e=66073bbaf9
> >> >
> >> <
> >>
> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=188d73c583&e=66073bbaf9
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> >>
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> >> >
> >>
> >> Kenya Law Legislative Updates
> >>
> >> *Statute Law (Miscellaneous Amendments) Act, No. 25 of 2015*
> >> <
> >>
> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=3f766c108d&e=66073bbaf9
> >> >
> >> This is an Act of Parliament that provides minor amendments to various
> >> statutes such as the Criminal Procedure Code, Judicial Service Act,
> >> National Police Service Act,
> >> Environment and Land Court Act, Universities Act and Prevention of
> >> Terrorism Act. It came into operation upon publication in the Gazette on
> >> 24th December, 2015.
> >>
> >> *Government Proceedings (Amendment) Act, No. 35 of 2015
> >> <
> >>
> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=fd14e48ecb&e=66073bbaf9
> >> >*
> >> The purpose of this Act is to amend the Government Proceedings Act,
> >> Cap.40
> >> and it came into operation on 7th January, 2016.
> >>
> >> *Kenya National Examination Council (Amendment) Act, No. 31 of 2015*
> >> <
> >>
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> >> Council
> >> Act, Cap.225. It came into operation on 2nd January, 2016.
> >>
> >>
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> >> --
> >> Grace L.N. Mutung'u
> >> Nairobi Kenya
> >> Skype: gracebomu
> >> Twitter: @Bomu
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> >> ------------------------------
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> >> End of kictanet Digest, Vol 104, Issue 47
> >> *****************************************
> >>
> >
>
>
> --
> Barrack O. Otieno
> +254721325277
> +254-20-2498789
> Skype: barrack.otieno
> http://www.otienobarrack.me.ke/
>
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