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

[Eric Mugendi]

Apologies for coming in late on this. Here's my take:

*(a) Should the spreading of Fake News be a crime? How about when Fake News
leads to incitement? *
There's a lot to consider here before declaring fake news to be a crime.
The question should be *cui bono*, who stands to gain the most? Fake news
that seeks to manipulate consumer behaviour should be criminal, as should
be fake news that spreads panic or disrupts the public order. The fact that
much of it comes from shadowy sources that are hard to trace makes
prosecution difficult. One can register a dodgy domain that looks legit,
something like k24-news.com (which is an actual site that attempts to
imitate MediaMax's K24) and use it to share questionable content. It's hard
to trace, and its endgame is equally hard to identify. Going after the
people behind these sites will be difficult, and could potentially lead to
wastage of public resources. A better way to do this, in my opinion, would
be flagging such fake news sites so that the authorities can see it and
institute measures such as takedowns and domain seizures.


*(b) The NCIC (National Cohesion and Integration Commission) and the CA
(Communications Authority); do these agencies have the sufficient mandate
to combat Fake News?*Both agencies have not taken sufficient measures in
this situation. I have some understanding of their mandates, but all I have
seen from them is public warnings and a few token prosecutions. I am yet to
see any action that would deter someone looking to cause harm using fake
news from doing so. While I appreciate the things that Hon. ole Kaparo and
Mr Wangusi have said in public, I think more needs to be done by both
agencies to enable members of the public report questionable content
online.

*(c) Is it time we reguated social media use? How? *
This is a slippery slope. Regulating social media means that the Government
would be involving itself in something that is very personal in nature. It
has much potential for abuse, and I don't see any potential benefits here.
Policing the social media space has the potential to backfire, as it is a
violation of the constitutionally protected freedom of speech. There are
other means to protect individuals that, if exercised correctly, should be
sufficient, such as reporting individual posts that pose a demonstrable
risk to public safety, at which point the authorities can act.



Eric Mugendi
about.me/mugendi
[image: Eric Mugendi on about.me]
  <http://about.me/mugendi>

On 19 August 2017 at 14:01, kanini mutemi via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> 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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