[kictanet] KICA Amendment- Regulation of Social Media

Thu Oct 24 23:30:27 EAT 2019

Barrack :-)

I like the way you quoted PLO (The Shakespear of our times... no pun
intended)

However, I think the analogy of mosquito being referenced on the
legislators noises... I think it is more like an AirBus with a busted
exhaust pipe! We need to respond not by putting on ear muffs rather we need
to get up and make sure the Airbus's exhaust is repaired the *noise* is TOO
LOUD to be ignored.

I concur with Alice's suggestion on capacity building through public
participation however I would also say that these funds for capacity
building should be directed for that capacity building of *Wanjiku*. Why am
I specific on *Wanjiku*? if the doors were to be opened for this fund to be
used for capacity building of our *waheshimiwas*... there will be many
Naivasha, Malindi etc retreats for such and the purpose of the whole thing
will be lost. I mean no disrespect on this rather what we need is to nip
the source of the problem... the angry un-informed Wanjiku venting out
frustrations through social media. It aint gonna happen overnight, *Wanjiku
*is angry and without mellowing down this anger with knowledge we will see
her being hit more by the same people who made her angry!

*Capacity build Wanjiku! Don't gag her Muheshimiwa Injendi!*

On Thu, Oct 24, 2019 at 9:52 PM Barrack Otieno via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Dear Walu, Mercy et al, all protocols observed,
>
> I think we are trying to solve problems that don't exist. The internet
> value system is based on what is wrong offline is wrong online. We don't
> need to legislate this since the Internet is a means to an end not an end
> in itself. Just a tool. Its like banning preachers from using the handheld
> microphones because they are loud yet we can ask them to use a particular
> volume. Clearly there is need for capacity building for our members of
> parliament on emerging issues such as new media. As Prof PLO Lumumba said,
> we should not respond to a mosquito bite with a hammer.
>
> Regards
>
> On Thu, 24 Oct 2019, 6:59 pm Walubengo J via kictanet, <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> My thoughts on this were captured here...
>>
>> WALUBENGO: Bill yet another attempt to censor social media
>> <https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
>>
>> WALUBENGO: Bill yet another attempt to censor social media
>>
>> This is the classic definition of sending a chilling effect on online
>> freedoms through draconian social media laws.
>>
>> <https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
>>
>>
>> I hope the bill gets to be DOA...Dead on Arrival.
>>
>> walu
>> On Thursday, October 24, 2019, 11:42:11 AM GMT+3, kanini mutemi via
>> kictanet <kictanet at lists.kictanet.or.ke> wrote:
>>
>>
>> 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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>> 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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>>
>> 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.
>

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10/24/19,
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