[kictanet] Talk to NCIC on hate speech, fake news and social media

Tue Aug 15 23:50:34 EAT 2017

Listers

Further to our production of the policy brief on Internet Shutdowns in
which we called on the relevant authorities to uphold the freedom of
expression during elections, the National Cohesion and Integration
Commission (NCIC) https://www.cohesion.or.ke/ whose overall objective
is to encourage national cohesion and integration, reached out to us
to us today. Their main concern is that some social media users have
gone overboard in heightening emotions through sharing of false
information, fake news and what is considered hate speech. 

As KICTANet, we can contribute to possible interventions in such away
as to moderate some of these conversations. 

In the same way that we have engaged with other partners, we propose a
moderated discussion with NCIC for three days (tomorrow Wednesday 16
to Friday 18, August 2017). This discussion may also be to offer the
Commission your suggestions on possible approaches. The NCIC team that
includes staff and some commissioners have been subscribed here. So
they are listening!

This will be followed by a face to face meeting sometime next week,
where the NCIC team will respond to concerns that you may wish to
further raise with them, or simply listen to your recommendation. We
will advise you on the date and venue in due course. 

Day 1

Introduction  

Fake news is essentially fabricated news that has no basis in fact,
but is presented as being factually accurate. 

The electioneering period in Kenya saw a rapid spread of fake news
that manifested itself in several ways on the internet. These included
content on websites or social media pages that was outright false,
deliberately misleading, manipulated, fabricated, or with made-up
sources, fake websites that mimic legitimate ones etc. Unfortunately,
several social media users have fallen prey to this type of news and
have ended up sharing such information without verification. This was
for example, evident in the events that followed the announcement of
presidential results,  where the rapid spread of unverified
information, including hate speech, that heightened fear, anxiety and
tension across the country, reminiscent of the 2007 post-election
period. 

While Kenya’s Constitution enshrines freedom of expression, it also
limits this right to exclude incitement to violence, hate speech and
advocacy for incitement that is discriminatory or that constitutes
ethnic incitement, vilification of others or incitement to cause harm.

According to section 13 of the NCIC Act, the offence of hate speech is
committed when a person uses threatening, abusive or insulting words
or behaviour, or displays any written material; publishes or
distributes written material; presents or directs the performance the
public performance of a play; distributes, shows or plays, a recording
of visual images; or provides, produces or directs a programme, which
is threatening, abusive or insulting or involves the use of
threatening, abusive or insulting words or behavior commits an offence
if such person intends thereby to stir up ethnic hatred, or having
regard to all the circumstances, ethnic hatred is likely to be stirred
up. the penalty is fine not exceeding one million shillings or to
imprisonment for a term not exceeding three years or to both. 

The rise in disinformation on the Internet in Kenya brings to fore the
challenges of regulating social media platforms and content in
general. This is a global problem and the current problem in Kenya
provides an opportunity for actors to contribute to this discussion.
The problem can be assessed from different angles. At the basic level
are users who contribute to the Internet economy by having online
presences. However, when they produce and share disinformation,
whether with good or bad intention, they make the Internet a toxic
space and their actions can have dangerous effects offline. 

At a second level are platforms where the content is shared. The rise
in use of the platforms therefore makes public policy advocates
interrogate the role of the platforms in combating the spread of such
content and therefore preventing offline harm. 

Finally, there are regulators and government agencies in Kenya that
were established to regulate aspects of communication technologies and
promote national cohesion in Kenya.  The current situation has seen
affected Kenyans look up to them to provide leadership at this
critical time. 

The rise of fake news and hate speech was discussed on KICTANet in the
runup to the annual Kenya IGF in July 2017. The magnitude of the
problem however requires experts to come together and not only help
Kenyans understand the problem but also offer solutions on how best to
resolve the problem, both in the immediate and long term. 

Suggested Questions 

Day One: Users and Fake News

	* 

Why is there an increase in the prevalence of fake news recently? 

	* 

What is the role of different categories of users in combating fake
news? 

	* 

Have Kenyans given up or are there good practices in combating fake
news?

	* 

Is fake news a manifestation of deeper societal issues and if so, are
there any ways to combat it other than resolving the societal issues? 

	* 

We have Bloggers who are seen as influencers. Do have a higher duty
when communicating?

Day Two: Platform Responsibility 

	* 

What should platforms such as Facebook and Google be doing to reduce
the effect of fake news? 

	* 

Is Kenya’s problem so unique that it requires localised solutions by
platforms? 

	* 

What is the role of media in combating fake news?

	* 

Is the Kenyan media doing enough?

Day Three: Government Agencies and Regulator 

	* 

Given the effect of fake news in Kenya, does it cross the “red
line”. In other words, is fake news illegal if it leads to
incitement?

	* 

Do the two main agencies NCIC and CA have sufficient mandate to combat
fake news? 

	* 

If not, is it time we regulated social media use? How? 

Best regards

Githaiga, Grace

Co-Convenor
Kenya ICT Action Network (KICTANet)
Twitter:@ggithaiga
Tel: 254722701495
Skype: gracegithaiga
Alternate email: ggithaiga at hotmail.com
Linkedin: https://www.linkedin.com/in/gracegithaiga
www.kictanet.or.ke

"Change only happens when ordinary people get involved, get engaged
and come together to demand it. I am asking you to believe. Not in my
ability to bring about change – but in yours"---Barrack Obama.
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