[kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Wed Jun 28 20:47:41 EAT 2017

Great discussion.

To add to the issue of fake news, we have now started witnessing
mainstream media relying on social media for news. The problem is that
sometimes there is no verification and confirming of legitimate
sources. 

Further, we are also witnessing an increase in ruble rousing rumor
filled sites that people unknowingly rely on for news .  This has
been made possible by the fact that people can register and maintain
domain names that mimic credible mainstream media outlets with no
other intention than to fuel fake news and maybe hate speech. An
example is http://tv-bbc.com/.

We could also question the internet user's responsibility in
verification of what one posts. If one cant verify what they
circulate, has that person given up his/her freedom to be a
responsible user of the internet? And do such individuals require an
external agency to make them responsible for what they post/circulate?

Best regards

Githaiga, Grace

On Wednesday, 28-06-2017 at 17:06 Ronald Ojino via kictanet wrote:

Hi all,To echo Joash’s sentiments as we talk about validating our
sources and the chain reaction…how can we enforce validation of news
sources? Who bears the ultimate responsibility..is it the initial
author, journalist
 or those who share the news?

On Jun 28, 2017, at 4:43 PM, Joash Moitui via kictanet  wrote:

Dear all, 

Interesting and timely discussion. 

A fake news website might publish a hoax, then because it's getting
social attention another site might pick it up, write that story as
though it's true and may not link back to the original fake news
website.

>From there it's a chain reaction until at some point a journalist at a
largely credible outlet might see it and quickly write something up,
because many journalists are trying to write as many stories as
possible and write stories that get traffic and social attention. 

The incentive is towards producing more and checking less. The
incentive amongst journalists especially should focus on validating
their sources. 

  Joash Moitui

  https://about.me/jmoitui [1]

On Wed, Jun 28, 2017 at 3:05 PM, kanini mutemi via kictanet  wrote:

Really interesting perspectives so far:

@Diacen I like that- 'fake News is NEWS'. Just to follow up, does Fake
News do any damage? Is there a reason to step in and regulate Fake
News.

@Gertrude I think one of the key things that is coming out clearly
about Fake News is it being DISINFORMATION as opposed to
MISINFORMATION. I wonder whether such instances are as rampant here as
was seen in the US Elections. 

@Barrack that's a fresh perspective on upholding traditional tenets of
Journalism as a counter for Fake News. However, given that a lot of
Fake News is peddled over social media and that Fake News is more
sensational (Hot! so to speak) will this be effective in slowing down
the spread of Fake News? 

@Grace, given @Barrack's observation that Fake News is now a cash cow,
why then discourage the propagation of Fake News? What is the harm? 

@Francis, I like that you throw the ball back to the consumers- due
diligence. I see a concern here however, Fake News based on
psychographic analysis targets a particular demographic who are
gullible and will readily believe alternative facts to build on their
pre conceived notions. They themselves may never know they are
consuming Fake News. What about that group of people?

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On Wed, Jun 28, 2017 at 1:27 PM, Francis Monyango via kictanet  wrote:

(a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use
pyschographic techniques such as voter profiling during elections to
determine who gets to hear what message. Advertising companies have
used similar targeted approaches in marketing for years- why is it a
problem for elections?

Internet companies through algorithms have thrived on giving you more
of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their
platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this
menace but in democracies, it is hard because it goes against the
principles of free speech. The Canadian Supreme Court has held in a
case to strike down a false news provision of law that the provision
was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of
the public has settled views, opinions may, for all practical
purposes, be treated as an expression of a ‘false fact,” the
Learned
Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the
extent that one is not allowed to spread propaganda for war, incite
people to violence, hate speech and advocate for ethnic hate. These
limitations also apply to the media according to Article 34. The same
constitutional provision also provides for the establishment of the
Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body
to play is setting media standards while regulating and monitoring
their compliance. It is with this powers that are expounded on in the
Media Act that the Council accredits journalists while requiring them
to follow the Code of Conduct for the Practice of Journalism. While
the standards on accuracy, integrity and accountability apply to
journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post
fake news online. From the angle of defamation laws, some of these
stories are not defamatory. Neither do they constitute a breach of
Article 33(2). For example the many speeches attributed to Presidents
Robert Mugabe and Donald Trump about Kenyans and corruption. If they
were to be counter checked against the elements of defamation, they
will fail. The statement might be false but not damaging per se, hence
not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no
claim of damage may be sustained against them

http://monyango.com/index.php/2017/05/15/fake-news-the-battle-for-clicks/
[6]

On 28/06/2017, gertrude matata via kictanet
 wrote:
> Thanks Grace,
> I  confess I  miss reading everything, I must have missed your
 post earlier
> on sorry.
> Your comments were very valid.
> Regards
> GERTRUDE MATATA CO. ADVOCATES
> COMMISSIONERS FOR OATHS NOTARY PUBLIC
> HILLSIDE APARTMENTS
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> Nairobi
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>
>       From: Grace Mutung'u 
>  To: KICTAnet ICT Policy Discussions ;
> gertrude matata 
>  Sent: Wednesday, June 28, 2017 11:46 AM
>  Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE
NEWS DURING
> ELECTIONEERING
>
> Getrude,Reposting my comment that was on another thread.
> Good morning Kanini,
> I will attempt the first question:
> Maybe we could first start by defining or describing "fake news" in
our
> context. There is a lot of disinformation and even media
manipulation that
> can be traced back to political actors.
> In my view some of the characteristics of this manipulation include
messages
> crafted sensationally to provoke emotional responses. Another class
is
> messages casually/reckless condemning an entire tribe- it is
impressive how
> much this kind has reduced over the years especially among major
online
> spaces.
> Disinformation is carried out by both sides of the political divide.
It
> could be tackled through political accountability mecahnisms such as
the
> guidelines on bulk messaging in the last elections. I wonder whether
it's
> practical to update them for Internet messaging.
> Beyond that, fake news during elections can also be managed by old
school
> credible news. More trusted media outlets must more than ever before
invest
> in good journalism. On that note, kudos to Ngirachu of Nation for
his new
> segment demystifying fake news of each week.
> Best,
>
> On 28 Jun 2017 04:36, "gertrude matata via kictanet"
>  wrote:
>
> Dear Members,
> This is indeed a very interesting  discussion.I was wondering,
could we have
> a working definition of  FAKE NEWS.
> In addition, what is the fake news test to apply even for those who
wish to
>  kill it
> Kind Regards
>
>  Gertrude.
>
>
> GERTRUDE MATATA CO. ADVOCATES
> COMMISSIONERS FOR OATHS NOTARY PUBLIC
> HILLSIDE APARTMENTS
> 4TH FLOOR, Apartments 11
> RAGATI ROAD,Opposite N.H.I.F
> NEAR CAPITOL HILL POLICE STATION
> P.O. Box 517-00517
> Nairobi
> Mobile:0722-374109/0729- 556523,
> Wireless 020-2159837
> DISCLAIMER
> This email and any attachments to it may be confidential and are
intended
> solely for the use of the individual to whom it is addressed. Any
views or
> opinions expressed are solely those of the author and do not
necessarily
> represent those of GERTRUDE MATATA & CO. ADVOCATES.
>  If you are not the intended recipient of this email, you must
neither take
> any action based upon its contents, nor copy or show it to anyone.
>  Please contact the sender if you believe you have received this
email in
> error.
>
>
> CallSend SMSCall from mobileAdd to SkypeYou'll need Skype CreditFree
via
> Skype
>
>       From: Diacen Ndiaga via kictanet 
>  To: gertrudematata at yahoo.com
> Cc: Diacen Ndiaga 
>  Sent: Wednesday, June 28, 2017 9:11 AM
>  Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE
NEWS DURING
> ELECTIONEERING
>
> Morning listers!
> Indeed fake news and skewed reportage by main media outlets is
already with
> us.Editorial policy of some houses is outright scandalous.In this
time of
> election where perception of voters is critical, fake news will come
in
> droves and due to compromises and skewed editorial policy by media
houses on
> issues, agenda setting is purposed on set goals.It is worse when the
main
> media depend on social media for its news items and worse when it
uses
> social media content to reinforce a particular opinion and stand on
an
> issue.When the media is sold to the highest bidder in a political
> environment or is compromised in being factual and balanced in its
> reportage,then it looses the moral ground to point out ills in the
society.
> Note fake News is NEWS.
>
>
> From: "KICTAnet ICT Policy Discussions" 
> To: "Diacen Ndiaga" 
> Cc: "kanini mutemi" 
> Sent: Wednesday, June 28, 2017 6:59:06 AM
> Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS
DURING
> ELECTIONEERING
>
> Good morning Listers,
> Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I
will
> co-moderate this session. We look forward to a vibrant discussion on
Fake
> News especially during the electioneering period.
> We would like to hear your perspectives on:
> (a)Is Fake News a problem for Kenya?
> (b) Companies such as Cambridge Analytica have been said to use
> pyschographic techniques such as voter profiling during elections to
> determine who gets to hear what message. Advertising companies have
used
> similar targeted approaches in marketing for years- why is it a
problem for
> elections?
> (c) Should internet intermediaries filter Fake News from their
platforms?
> (d) Should Fake News be banned?
> The discussion is open.
> --
> Mercy Mutemi, Advocate.
>
>
>
>
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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
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> not spam, do not market your wares or qualifications.
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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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>
> 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.
>
>
>
>
>

--
Francis Monyango

Lawyer | ICT Policy and Legal Consultant
www.monyango.com [21]
0726792792

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KICTANetiquette : Adhere to the same standards of acceptable behaviors
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-- 
Mercy Mutemi, Advocate. 

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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
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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.

Co-Convenor
Kenya ICT Action Network (KICTANet)
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