[kictanet] Tanzanian lecturer charged with insulting president on WhatsApp

Sat Sep 24 14:49:39 EAT 2016

Disclaimer: I'm not a lawyer ;)

We don't know the contents of the message, so in this case, we can't
really comment on the validity of the charges.

Questions:

1) Was the 'insult' aimed at "The Office of the Presidency" or against
the person holding that office? (there is, I think, a distinction)

2) Was the 'insult' a string of derogatory verbiage, or some
unpleasant 'facts' which may or may not be provable?

3) Where do we draw the line between what may be judged as legitimate
criticism, and unjustified insults?

4) Are not the existing laws of slander and libel sufficient for legal recourse?

Laws, especially new ones, are written (perhaps incompetently?) in
vague terms - and it is up to the courts, through case by case
judgements, to fine tune these laws.  Unfortunately, for the 'early
cases', this will be a painful process for those charged.

It is also important, I think, that commentary regarding persons in
elected office should be viewed more leniently - it "goes with the
job", after all ;)

Cheers,
Tony

On 24/09/2016, Kipkemoi Kiptum via kictanet
<kictanet at lists.kictanet.or.ke> wrote:
> Hi,
>
> On Sep 24, 2016 09:35, "Alex Watila via kictanet" <
> kictanet at lists.kictanet.or.ke> wrote:
>>
>> I think if someone insults you, you sue for liable because you have to
> prove to the courts that what was said was not true.
>>
>
> In his defense, his lawyer (as president) is his Attorney General. Not sure
> if this advances or confuses the discussion.
>
> Kip
>
>>
>>
>> Regards,
>>
>>
>>
>> Alex
>>
>>
>>
>> From: kictanet [mailto:kictanet-bounces+awatila=
> yahoo.co.uk at lists.kictanet.or.ke] On Behalf Of Ahmed Mohamed Maawy via
> kictanet
>> Sent: Saturday, September 24, 2016 8:39 AM
>> To: awatila at yahoo.co.uk
>> Cc: Ahmed Mohamed Maawy <ultimateprogramer at gmail.com>
>> Subject: Re: [kictanet] Tanzanian lecturer charged with insulting
> president on WhatsApp
>>
>>
>>
>> Question: Is insulting a cybercrime per se?
>>
>>
>>
>> As a mwanainchi why cant I arrest a person for insulting me on WhatsApp?
> (Let along Facebook or Twitter) ??
>>
>>
>>
>> On Fri, Sep 23, 2016 at 6:54 PM, Sidney Ochieng via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>> It shouldn't matter if he insulted or criticised. It's laws like this
> that are used to shut down legitimate criticism. Studies have shown just
> the threat of censure/arrest has wide effects outside the person being
> censured/arrested.
>>>
>>>
>>>
>>> Bringing this back to a local context, isn't the law that got Wadi
> arrested still on the books?
>>>
>>>
>>>
>>> On 23 September 2016 at 17:16, Mildred Achoch via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>> The nature of the insult was not indicated in the article. I'm just
> wondering whether the lecturer insulted or criticized. There is a
> difference between the two...or is there?
>>>>
>>>> Regards,
>>>>
>>>> Mildred Achoch.
>>>>
>>>>
>>>> Check out the Rock 'n' roll film festival, Kenya TV Channel!
>>>> http://kenyarockfilmfestivaljournal.blogspot.com
>>>>
>>>>
>>>>
>>>> On Fri, Sep 23, 2016 at 4:29 PM, Grace Githaiga via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>>>>>
>>>>> A Tanzanian lecturer has been charged with insulting President John
> Magufuli in a WhatsApp message, a senior police official said on Friday,
> bringing the number of people charged under a tough new cybercrimes law to
> 10.
>>>>>
>>>>>
>>>>>
>>>>> http://www.reuters.com/article/us-tanzania-president-idUSKCN11T14C?il=0
>>>>>
>>>>> Tanzanian lecturer charged with insulting president on WhatsApp
>>>>>
>>>>> www.reuters.com
>>>>>
>>>>> A Tanzanian lecturer has been charged with insulting President John
> Magufuli in a WhatsApp message, a senior police official said on Friday,
> bringing the number of people charged under a tough new cybercrimes law to
> 10.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
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>>>>
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> kictanet mailing list
>>>> kictanet at lists.kictanet.or.ke
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>>>>
>>>> Unsubscribe or change your options at
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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,
>>>
>>> Sidney
>>>
>>>
>>> Twitter: @princelySid | Website: sidneyochieng.co.ke
>>>
>>>
>>> _______________________________________________
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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.
>>
>>
>>
>>
>> --
>>
>> Ahmed Maawy
>> Executive Director - SwahiliBox / M-Power (CBO)
>> Curator - Global Shapers Mombasa Hub
>> Ambassador - Open Knowledge
>> Director - Startup Grind Mombasa
>> Software Developer - AJ+ / EveryLayer
>> (KE) +254 714 960 627
>> Skype: ultimateprogramer
>>
>> swahilibox.co.ke
>> globalshapers.org
>> www.okfn.org
>> startupgrind.com
>> ajplus.net
>> www.everylayer.com
>>
>>
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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.
>

-- 
Tony White