[kictanet] KICA Amendment- Regulation of Social Media

[Wamathai (HapaKenya)]

Good morning,

I have many thoughts on this but to be honest it is such a bad idea.

I see this bill as the continuation of attempts to muzzle free speech and
freedom of the media online that was initially started by the state. In the
past, there was a reliance on existing vague laws but some of them have
been declared unconstitutional hence the change of tact.

In the past, this kind of intimidation has primarily targeted influencers
and bloggers but also ordinary online users have been targeted. To be
targeted, all they do is just brand you a blogger, a loose term used by
politicians & the media to refer to online users (and not just organized
online content creators). In 2015, Nancy Mbindillah was arrested in Embu
for 'insulting' the Governor. She was basically arrested for expressing her
opinion on various operations in the County
<https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-then-pardoned-for-undermining-the-embu-governor/>.
I fear that this law will be used to target anyone who shares uncomfortable
opinions or facts under the banner of 'undesirable content'.

The attempts to license organized online content creators (we can call them
bloggers and influencers) is a regional trend with Tanzania charging $930
and Uganda having proposed regulations on the same. The basic idea, like in
Kenya with this new bill, is to create an environment where free speech is
punished and those who haven't registered under the regulations are also
punished.

The long term effects of this law is disastrous to free discourse and if
you bring in the online media element, freedom of the media as well. In my
opinion, as an online content creator and an official of the Bloggers
Association of Kenya (BAKE), this law should not be allowed as it goes
against fundamental freedoms and rights as guaranteed by the constitution.




-----


James Wamathai | CEO, hapakenya.com

m: 0777-555101 e: w at hapakenya.com | Twitter: @Wamathai
<http://twitter.com/wamathai>


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On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Good morning Listers,
>
> As GG had alerted us last week, there is a bill before the National
> Assembly that seeks to amend the Kenya Information and Communication Act by
> including a part on Regulation of Social Media.
>
> I will lead us on a discussion on this Bill.
>
> Between 2016 to date, we have seen many attempts to regulate social media
> conduct. Interestingly, one such attempt, the Computer Misuse and
> Cybercrimes Act, where many of its sections on regulation of social media,
> have been suspended is coming up for hearing today. Now we tackle yet
> another attempt to ‘fix’ social media.
>
> To start with, I will post the definitions proposed in the bill of the
> word ‘social media platform’ and ‘blogging’:
>
> "*blogging" means collecting, writing, editing and presenting of news or
> news articles in social media platforms or in the internet;*
>
> *"social media platforms" includes online publishing and discussion, media
> sharing, blogging, social networking, document and data sharing
> repositories, social media applications, social bookmarking and widgets;*
>
> What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to
> fix with this bill? Who will fall under those definitions? Contributions
> are welcome.
>
>
> --
> *Mercy Mutemi, Advocate*.
>
>
>
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