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

[kanini mutemi]

Dear Listers,

Here is a summary of Day 3:

*On (a): Should the spreading of Fake News be a crime? How about when Fake
News leads to incitement? *

Once again, the issue of culpability of State and political players came
up. We look forward to NCICs reaction to this.

As for individual criminal liability, a better approach would be to
distinguish between those who generate Fake News and those who spread it;
generation should attract more stringent penalties. Proper implementation
of the existing laws on hate speech would satisfactorily address incitement
through Fake News.

We considered Clause 12 of the Computer and Cybercrimes Bill, 2017 which
criminalizes the publication of false data. It was pointed out that
implementing such a provision would be difficult since most Fake News
accounts are created using fake identities. A possible solution would be to
require real name social media accounts.

*On (b) The NCIC (National Cohesion and Integration Commission) and the CA
(Communications Authority); do these agencies have the sufficient mandate
to combat Fake News?*

These agencies do have the mandate. It was emphasized that implementation
of existing laws needs to be stepped up as opposed to further legislation.
NCIC was called upon to be impartial in executing its mandate.

*On (c) Is it time we regulated social media use? How? *

It was felt that there is enough regulation as it is. Existing legislation
should be complemented with educating the public on online responsibility.
The current curriculum review process presents a good opportunity to
introduce media and information literacy in schools.


As well, we must be careful not to infringe on the freedom of expression
even as we look for suitable regulatory solutions.


The issue of content takedowns also came up. KENIC was challenged to come
up with a content policy (or create awareness if there is already one).
This is a complex area that needs further discussion.



A big thank you to NCIC for initiating this conversation. We eagerly await
NCICs response to the issues raised.


It has been a pleasure moderating this discussion.  Asanteni sana!
-- 
*Mercy Mutemi*.
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