[kictanet] BAKE condemns the arrest and intimidation of Kenyans online

[Ngigi Waithaka]

Hi,

And do those laws also apply to individuals or only to organisations
affiliated to Media Council of Kenya?

Rgds

On Tue, Jan 26, 2016 at 2:58 PM, <riva at article19.org> wrote:

> Hi Waithaka,
>
> The MCK Act in Section 10 of the Second Schedule provides for Obscenity,
> taste and tone in reporting:
>
> (1) In general, persons subject to this Act shall not publish obscene or
> vulgar material unless such material contains a news.
> (2) Publication of photographs showing mutilated bodies, bloody incidents
> and abhorrent scenes shall be avoided unless the publication or broadcast
> of such photographs will serve the public interest.
> (3) Where possible an alert shall be issued to warn viewers or readers of
> the information being published.
>
> Regards,
>
> Riva
> ------------------------------
> *From: *"KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
> *To: *riva at article19.org
> *Cc: *"Waithaka Ngigi" <ngigi at at.co.ke>, info at mediadefence.org, "Jane
> Muthoni" <muthoni at bake.or.ke>, "Nani Jansen" <Nani.Jansen at mediadefence.org>,
> ddeya at lawyersofafrica.org, "Donald Deya" <donald.deya at gmail.com>
> *Sent: *Tuesday, January 26, 2016 8:14:39 AM
> *Subject: *Re: [kictanet] BAKE condemns the arrest and intimidation of
> Kenyans        online
>
> Mwendwa,
>
> *IF* there's no such law, then there ought to be such a law.
>
> Waithaka Ngigi
>
> Alliance Technologies
> www.at.co.ke
> *From: *Mwendwa Kivuva
> *Sent: *Tuesday, January 26, 2016 6:17 AM
> *To: *KICTAnet ICT Policy Discussions
> *Cc: *Nani.Jansen at mediadefence.org; Jane Muthoni; Donald Deya;
> info at mediadefence.org; Waithaka Ngigi; ddeya at lawyersofafrica.org
> *Subject: *Re: [kictanet] BAKE condemns the arrest and intimidation of
> Kenyans online
>
>
> On Jan 25, 2016 3:11 PM, "Waithaka Ngigi via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
> >
> > Hi,
> >
> > Would like to ask, but don't those laws have a role to play in limiting
> propagation of offensive media?
> >
> > If anyone is arrested for sharing on social media, grossly photos of our
> dead soldiers; soldiers who are our brothers, sisters, husbands, wives,
> sons & daughters‎, then the fine and prison terms should be tripled from
> what they are as per the current law.
>
> Hi Ngigi,
>
> There is no such law.
>
> When when CORD, Article 19, and KNHRC challenged the constitutionality of
> the Security Laws Ammendment act 2014, the court ruled that it's
> unconstitutional to prosecute anybody for sharing photos, or any
> information that may jeopardise the security organ's operations. The media
> was urged to be responsible and self regulate, but it's not criminal to
> share such information. This one is done and dusted. There is no way a
> competent court in Kenya will prosecute anybody for sharing such
> information. Yesterday the police could not find grounds to prosecute Yasin
> Juma.
>
> The only provisions that stood in 2014 where those on surveillance;
> monitoring and interception of communication.
>
> The prohibition on the publication or broadcast of images of dead or
> injured people, which are “likely to cause fear and alarm in the general
> public, or disturb the peace”, was disproportionate. The Court found that
> there was no rational connection between the limitation on publication and
> the fight against terrorism.The Court further agreed that the
> criminalisation of the publication or broadcast of information ‘which
> undermines investigations or security operations” by the national police
> and defense forces would have a chilling effect on freedom of expression.
> The Court held that the effect of the prohibition would amount to “a
> blanket ban on publication of any security-related information without
> consulting the National Police Service”.
>
> And Nkaiseri and his ilk should be prosecuted for mistreating and
> harassing Kenyans. We should not live in fear, nor play into the hands and
> strategies of the enemy, Alshabab.
>
>
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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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