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

Fri Aug 18 15:52:27 EAT 2017

This is an interesting discussion even from the perspective of history.
When technologies are new, the potential to confuse or confound users are
well documented. One classic example is from radio, when a dramatized
fictional piece about an invasion from Mars was aired on American radio in
the late 1930s. Dramatic sound effects and other storytelling techniques
via the new medium caused widespread panic. Today, audiences have a much
greater understanding – and appreciation – for radio drama.

There are other examples from other technologies, such as laugh tracks on
television which sound like audiences laughing at the jokes being said by a
character. That is essentially ‘fake laughter,’ but is designed to get real
audiences to laugh along and engage with the characters.

My point is that new technologies enable ‘fake’ activities, but it is users
who finally attain a literacy concerning those activities and learn how to
deal with them. The big buzz about fake news has made many people a lot
more conscious and skeptical of what they consume or pass on via social
media and other platforms. Various campaigns and organizations are turning
fake news debunking into a new industry with multiple players reaching out
to news media and academia to act as collaborative partners.

As an academic, I think part of our job in our training institutions is to
expose our students to:

-          being more critical/skeptical about what they consume on various
media

-          being more responsible about what they share/forward in their
own media networks

-          understanding that ‘media’ no longer means a random big company
out there with radio, TV, and print outlets. But instead ‘media’ is all
those, plus we ourselves.

That said, @Ali makes important points on regulation that I largely agree
with. But I’d say even as we discuss regulation, there should be a
discussion about responsibility.

Many media houses subscribe to some form of social responsibility. Before
calling someone a thief for example, they’ll claim to get the facts and
even then, refer to the ‘alleged’ crime leaving the justice system to
declare whether someone is a thief or not. Without those checks, the media
would be engaging in defamation, which is a legal problem.

Perhaps before moving to add yet more laws and regulations to aspects of
digital technologies, we should educate users/consumers more about greater
responsibility in their online activities even as they are informed about
legal penalties.

Wambui

On Fri, Aug 18, 2017 at 3:38 PM, Adam Lane via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Indeed, the issue of real-name social media accounts. Personally I support
> such a thing, but I am aware that others do not (i.e. they want to allow
> people to post anonymously in fear of retribution of posting something that
> may be true but critical against someone powerful). There is a balance to
> be struck.
>
>
>
> But also, people who repeat/resend/republish should not do so unless they
> know the originator or trust it’s source. Unfortunately consumer education
> on this is very difficult (same for issues around responsible online
> gambling etc) and whilst we should still look at effective ways to do that
> (massive newspaper, TV and radio headlines about the risk of being fined
> for spreading fake news may be effective!!), we may need to look at other
> options too.
>
>
>
>
>
> *From:* kictanet [mailto:kictanet-bounces+adam.lane=huawei.com at lists.
> kictanet.or.ke] *On Behalf Of *Brian Munyao Longwe via kictanet
> *Sent:* Friday, August 18, 2017 3:30 PM
> *To:* Adam Lane <adam.lane at huawei.com>
> *Cc:* Brian Munyao Longwe <blongwe at gmail.com>
>
> *Subject:* Re: [kictanet] Talk to NCIC Day 3: Government Regulation of
> Fake News
>
>
>
> Unfortunately the originators of fake news tend to use pseudonyms or fake
> identities to mask their true identities. IMHO these are the real culprits;
> people who repeat/resend/republish the fake news might actually have been
> duped into believing that it is authentic. How then does one go about
> catching/pinpointing the bad guys/gals?
>
>
>
> On Fri, Aug 18, 2017 at 2:07 PM, Adam Lane via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
> 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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> 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.
>
>
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