[kictanet] Talk to NCIC Day 3: Government Regulation of Fake News

[Adam Lane]

I think that IF there is to be a civil crime/penalty for such an act there should be a distinction made between the creators of false, misleading or fictitious data and those who spread it (creating it should incur a greater penalty than spreading it).

Certainly IF this is the case, then a deterrence for those spreading the news will ensure people do read, research and assess before spreading, and this is important. Too many people not only are not assessing such news but are spreading it, and because others may trust them, the news is inherently trusted by the reader; whereas if the reader was sent the news from an unrelated person they would have more suspicion towards the news. Such a deterrence would be a good thing.

IF this bill becomes an act, it will be interesting to see how it will be enforced. It would be fairly simple to set-up a reporting mechanism but harder to ensure fines are paid (though such fines would cover the costs of any monitoring mechanism; it may be useful to have a set standard for fines to ensure prompt and fair action, just like traffic offenses).

The issue of real-name social media accounts, linking accounts to sim cards etc would be thorny; let alone the mechanisms to collect fines in such large numbers.

Is there a way that one does not need a fine, instead individuals may value their personal reputation enough to not forward fake news? If we constantly forward fake news (and if it is recognized as such at some point), don’t we lose our social capital, and thus limit this behavior? Just like in the offline world… if we value our reputations?

From: kictanet [mailto:kictanet-bounces+adam.lane=huawei.com at lists.kictanet.or.ke] On Behalf Of kanini mutemi via kictanet
Sent: Friday, August 18, 2017 2:27 PM
To: Adam Lane <adam.lane at huawei.com>
Cc: kanini mutemi <kaninimutemi at gmail.com>
Subject: Re: [kictanet] Talk to NCIC Day 3: Government Regulation of Fake News

I have attached a copy of the Computer and Cybercrimes Bill, 2017 published on 13th June, 2017. Clause 12 reads:
'A person who intentionally publishes false, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years, or to both.'
​Is there a drawback to this approach? ​

--
Mercy Mutemi.



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