[kictanet] Kenya IGF Online Discussions Day 1: Content Regulation on the Internet

Tue Jul 10 18:43:12 EAT 2018

Content regulation unlike mathematics, cannot be applied so precisely and
accurately as we do with our formulas. I think that sole efforts by
governments to regulate usually end up being seen or become in actual fact
censorship. We all do not have the same values or culture, and therefore,
the big brother state will always find it difficult to regulate content in
an environment where there is no similar appreciation of values or culture.

In which case therefore, it is important for government to adopt a
multiskakeholder approach and work closely with all the players including
users, recognising their various roles. They can work with academia to
define unlawful content e.g. child pornography; train law enforcement on
ways of detecting, investigating and prosecuting case on such content; and
work with ISPs and other internet intermediaries to provide tools to detect
such content on their platforms, provide users with tools to report or
block such content and, also educate users on the same. Simply making
content a,b or c an offence is not enough in my view.

*Victor Kapiyo*
Partner | *Lawmark Partners LLP*
*Suite No. 8, Centro House, Westlands, Nairobi | **Web: www.lawmark.co.ke
<http://www.lawmark.co.ke> *
====================================================

*“Your attitude, not your aptitude, will determine your altitude” Zig
Ziglar*

On Tue, 10 Jul 2018 at 17:02, Barrack Otieno via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Mercy,
>
> KFCB Should ensure that any policy dealing with content is subjected to a
> multistakeholder process and that all relevant stakeholders are identified
> and encouraged to participate in the Policy developement process.
> Stakeholders in the content space have been complaining about inadequate
> consultations.
>
> It is important for sector players to ensure that a multistakeholder
> framework is in place as soon as possible. I would love to hear what media
> practitioners, organozations that deal with child online protection amd
> safety say.
>
> Best Regards
>
>
>
> On Tue, 10 Jul 2018 16:45 kanini mutemi via kictanet, <
> kictanet at lists.kictanet.or.ke> wrote:
>
>>
>> I also invite proposals on the way forward on content regulation on the
>> internet. Are there commendable practices elsewhere we could look to?
>>
>> On Tue, Jul 10, 2018 at 3:26 PM, anyega jefferson via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>> So, what am getting is the existing legal framework covers Internet
>>> content or am wrong?
>>>
>>> On Tue, Jul 10, 2018 at 3:21 PM, kanini mutemi via kictanet <
>>> kictanet at lists.kictanet.or.ke> wrote:
>>>
>>>> Thank you @Mwara for redirecting us to Article 33 of the Constitution
>>>> on speech that is not protected. Here is the full text:
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> *(2) The right to freedom of expression does not extend to—(a)
>>>>  propaganda for war;(b)  incitement to violence;(c)  hate speech; or(d)
>>>>  advocacy of hatred that—(i)  constitutes ethnic incitement, vilification
>>>> of others or incitement to cause harm; or(ii)  is based on any ground of
>>>> discrimination specified or contemplated in Article 27(4).*
>>>>
>>>> On Tue, Jul 10, 2018 at 3:06 PM, mwara gichanga via kictanet <
>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>
>>>>> Hello Listers,
>>>>>
>>>>> Thank you @carolyne
>>>>>
>>>>> Why online content shouldn't be regulated?
>>>>>
>>>>> Human rights principles and standards also apply to content
>>>>> regulation. Freedom of expression (FoE) protected by Article 19 and the UN
>>>>> declaration of Human rights states that offline rights apply equally
>>>>> online.
>>>>>
>>>>> Under which circumstance should online content be regulated?
>>>>>
>>>>> Any restrictions placed on the exercise of the right to FoE must be
>>>>> legal, necessary, proportionate and legitimate.,(  Copyright
>>>>> reasons,obscene content, bullying and hate speech causing harm to others,
>>>>> security, human dignity, privacy.) and even so the restrictions
>>>>> placed must not undermine or jeopardise the essence of that basic human
>>>>> right.
>>>>>
>>>>> On Tuesday, July 10, 2018, 10:28:01 AM GMT+3, carolyne mimano via
>>>>> kictanet <kictanet at lists.kictanet.or.ke> wrote:
>>>>>
>>>>>
>>>>> Hello listers,
>>>>>
>>>>> As we dive more into content regulation we should maybe also focus on:
>>>>>
>>>>> Why content is regulated?
>>>>> - Copyright reasons,obscene content, bullying and hate speech(causing
>>>>> harm to others) security, human dignity, privacy.
>>>>> -The different kinds of content-online content, traditional media etc
>>>>> For online content how different countries/governments are trying to
>>>>> regulate online content e.g self filtering, internet service providers or
>>>>> anyone that has access to blocking offensive material but fails to do so.
>>>>>
>>>>> Kind regards
>>>>> Carolyne
>>>>>
>>>>>
>>>>> On Tue, 10 Jul 2018, 9:53 am cmaundu--- via kictanet, <
>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>
>>>>> Hello Listers,
>>>>>
>>>>> Content regulation, is basically content restrictions or monitoring as
>>>>> required by governments or regulatory bodies.
>>>>>
>>>>>
>>>>>
>>>>> On 10 Jul 2018, at 9:26 AM, kanini mutemi via kictanet <
>>>>> kictanet at lists.kictanet.or.ke> wrote:
>>>>>
>>>>> Hello Listers,
>>>>>
>>>>> I’ll start us off with the discussion on Content Regulation on the
>>>>> internet. I find it useful for us to first understand what content
>>>>> regulation means. To this end, I invite your contributions to the following
>>>>> questions–
>>>>>
>>>>> (a) What does '*content regulation**’* mean?
>>>>>
>>>>> (b) How is content regulation achieved?
>>>>>
>>>>> (c) What categories of content face the most regulation?
>>>>>
>>>>> Let’s go!
>>>>>
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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
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>>>>>
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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.
>>>>>
>>>>> _______________________________________________
>>>>> kictanet mailing list
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>>>>>
>>>>> Unsubscribe or change your options at
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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.
>>>>>
>>>>>
>>>>
>>>>
>>>> --
>>>> *Mercy Mutemi, Advocate*.
>>>>
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> kictanet mailing list
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>>>> Unsubscribe or change your options at
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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.
>>>>
>>>>
>>>
>>>
>>> --
>>> Anyega M Jefferson
>>>
>>> jeffersonanyega at gmail.com
>>>
>>> 0703824326
>>>
>>> Start where you are,use what you have and do what you can.
>>>
>>>
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>>> Unsubscribe or change your options at
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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.
>>>
>>>
>>
>>
>> --
>> *Mercy Mutemi, Advocate*.
>>
>>
>>
>> _______________________________________________
>> kictanet mailing list
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>> Unsubscribe or change your options at
>> https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail.com
>>
>> 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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>
> Unsubscribe or change your options at
> https://lists.kictanet.or.ke/mailman/options/kictanet/vkapiyo%40gmail.com
>
> 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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