[kictanet] KICA Amendment- Regulation of Social Media

Fri Oct 25 10:27:39 EAT 2019

Hi Kanini and all of the listers

I think the underlying issues here is a lack of knowledge from our leaders
on how social media works and the benefits it has on society. It seems more
on an attempt by them to settle personal scores and particularly as it now
appears they are all on the 2022 train am seeing some mischief here.

This is also perhaps best seen  in the recent article that I wrote
regarding how public figures use social media and their blocking sprees.
https://www.kictanet.or.ke/?p=40802
Maybe it has downed on them that you can not do this everytime someone
disagrees with you thus the need to come up with more elaborate ways like
this social media regulations.

I think their is need of institutions like Kenya School of Government to
conduct trainings to our leaders regarding social media and just technology
in general.

On Thu, 24 Oct 2019, 23:31 Twahir Hussein Kassim via kictanet, <
kictanet at lists.kictanet.or.ke> wrote:

> 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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>>>
>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
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>>> --
>>> *Mercy Mutemi, Advocate*.
>>>
>>>
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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,
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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.
>>
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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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