[kictanet] KICA Amendment- Regulation of Social Media

[kanini mutemi]

Thank you for the views- please keep them coming.

Let’s also look at this from a Freedom of Expression point of view because
at the root of it ‘bloggers’ (and anyone who shares anything online) are
expressing themselves.

*Is it constitutionally sound to require registration before expression?
Think of it as a ‘license to speak’. Is this justifiable in our
constitutional framework?*

On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) <w at hapakenya.com> wrote:

> 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>
>
>
> Follow Hapa Kenya: *Twitter*: @HapaKenya <http://twitter.com/hapaKenya>,
> *FB*: fb.com/HapaKenya
>
>
> 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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>
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> --
*Mercy Mutemi, Advocate*.
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