October 2019 - KICTANet

BAKE & Lawyers Hub Event to discuss KICA amendments and Regulation of Social Media
by Linda Bonyo 28 Oct '19

28 Oct '19

Dear Listers, The Bloggers Association of Kenya and the Lawyers Hub are pleased to invite you to this public discussion on the KICA amendments this Thursday evening at 6pm at the Lawyers Hub in Upper Hill. Registration on the link below; tickets are limited, sign up early and we hope to see you on Thursday. https://www.eventbrite.com/e/bloggers-lawyers-lawtech-meet-up-on-regulation… -- ______________________________________________ *Linda Bonyo* (Ms.) | CEO, *Lawyers Hub * Tech for Justice ACK Garden House| Block D, 6th Floor |Upper Hill, Nairobi| Kenya Email: bonyo(a)*lawyershub.ke* <bonyo(a)lawyershub.ke> | Skype*:* lawyershubke Tel: +254(0)207840228 Mobile : +254784840228 www.lawyershub.org | www.lawyershub.ke | *_**__________________________________________________________* *DISCLAIMER: The information contained in or accompanying this e-mail is intended for the use of the stated recipient only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. Any views or opinions presented herein are solely those of the author and do not necessarily represent those of the Lawyers Hub.*

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KICA Amendment- Regulation of Social Media
by kanini mutemi 27 Oct '19

27 Oct '19

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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Migrating Russian eagles run up huge data roaming charges - BBC News
by Timothy- Coach- Oriedo 26 Oct '19

26 Oct '19

Anecdotal account of mobile phones tariffs disparities across borders. https://www.bbc.com/news/world-europe-50180781 When does e-sim kick into action in global markets? It will offer a solution for tarriff rationalization across borders. Restful weekend to you all. Kind Regards Timothy Oriedo Predictive Analytics Lab lab.predictiveanalytics.co.ke

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ComMute _InterssionReport 65OS_ENG.pdf
by Roseleen Nzioka 25 Oct '19

25 Oct '19

Hi, This report on the state of freedom of expression and access to information in Africa contains some ideas on how to legally counter the proposed repressive pretentious proposed laws by our govnt regarding the control of internet platforms including websites, blogs, social media. If Mr. Mute is on this forum, he could kindly consider advising us on this. If he's not on board, we need him asap. PS: Mr. (Commissioner) Lawrence Mute is the Chairperson of the African Commission on Human and Peoples Rights and Special Rapporteur on Freedom of Expression and Access to Information in Africa.

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KICA Amendments: Control of anti-competitive practices by telecommunication operators
by Mwendwa Kivuva 25 Oct '19

25 Oct '19

This is a continuation of the debate to amend the Kenya Information and Communications Act (KICA). Comments and thoughts are welcomed for yesterday's debate moderated by Mercy Mutemi on the regulation of social media and blogging. We can continue contributing through that thread. Today, we discuss the amendments to KCIA published on March 15th, 2019, recommended by Hon Elisha Odhiambo, MP, seeking to add a new section 25A on splitting telecommunications businesses, and section 34A on the compensation of telecommunications consumers on call drops, and section 84J prescribing how the Universal Service Fund (USF) should be used. *The new Section 25A requires telecommunications operators to* - Obtain a license for additional business. - Legally split the telecommunications business from additional business. - Provide separate accounts and reports in respect of all business carried out. - Require Communications Authority to report compliance annually to Parliament. The reasons given for this bill are to allow telecommunications companies to engage in other businesses, and also aid in the control of anti-competitive practices by large industries in the sector. What are your thoughts on this amendment? Do we have any specific recommendations we can pass to Parliament through the public participation process? Warm Regard

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KICA Amendments: Universal Service Fund use and reporting
by Mwendwa Kivuva 25 Oct '19

25 Oct '19

This is a continuation of the discusion on the proposed amendment of KICA. The new amendments to KICA proposed by Hon. Elisha Odhiambo, MP, published on March 15th, 2019, seeks to substitute sub-section (2) of section 84J that deals with Universal Service Fund (USF), with Communications Authority (CA) mandated to provide annual reports to parliament on the utilisation of the USF. (2) The object and purpose of the Fund shall be to a) promote the availability of quality of service at just, reasonable and affordable rates for all consumers; b) increase nationwide access to advanced telecommunications services; c) advance the availability of such services to all consumers, including those in low income, and rural areas; d) increase access to telecommunications and advanced services in schools, libraries and rural health care facilities; e) provide equitable and non-discriminatory contribution from all providers of telecommunications services to the fund supporting universal service programs; and f) support capacity building and promote innovation in information and communications technology services. (5) The USF shall be utilised by the Commission as follows a) 6% shall be used for ensuring the availability of telecommunications services to all consumers, including those in low income and rural areas; b) 20% shall be used for increasing access to telecommunications and advanced services in schools, libraries, and rural health care facilities. c)10% shall be used for furthering the other objectives of the Fund as the Commission may determine. The rationale of the bill is to prescribe how the USF is used and make it mandatory for CA to report annually on its usage. What are your thoughts on this new amendment? Does it cover all use-cases for USF e.g courier and news services? Are there other considerations you would want to be included in the bill? Warm Regards ______________________

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KICA Amendments: compensation of telecommunication consumers for call drops
by Mwendwa Kivuva 25 Oct '19

25 Oct '19

The new amendments to KICA proposed by Hon. Elisha Odhiambo, MP, published on March 15th, 2019, seeks to add a new section 34A on the compensation of telecommunications consumers for call drops. 34A. (1) A licensee is liable to credit a consumer who initiates a call that gets cut out after a connection by Kenya Shillings ten worth of airtime for each call drop within its network for a maximum of three call drops per day (2) A licensee shall not be liable to compensate a consumer, where a call gets cut out due to third party interference on the licensee's connection lines, inevitable accident or *force majeure*. The rationale of the bill is to make provisions for quality of service to consumers making calls by compelling licensees in the telecommunications industry to invest in infrastructure that will guarantee the quality of service for consumers making calls. What are your thoughts on this new amendment? Is it adequate? Does KICA cover all other telecommunications service consumers? Warm Regards ______________________ Mwendwa Kivuva,

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Re: [kictanet] KICA Amendment- Regulation of Social Media
by kanini mutemi 24 Oct '19

24 Oct '19

I see the comments coming in. Thank you. Here is more to ponder on: The Amendment will require that all bloggers register with the Commission (Read Communication Authority of Kenya) perhaps on the payment of a fee. Failure to register will be a criminal offense. So *1*. *Licensing of the social media platform* * 2. Registration of bloggers. * I like the question Mwendwa posed. What is news. If I’m walking by town and I witness an accident first hand- take a photo and break that information on my Whatsapp Status or Instagram stories or on Twitter- am I blogger? Will I have committed an offense? On Wed, 23 Oct 2019 at 14:55, Mwendwa Kivuva <lordmwesh(a)gmail.com> wrote: > According to the bill, "*blogging" means collecting, writing, editing and > presenting of news or news articles in social media platforms or in the > internet;* > > > Anything that is not news is not a blog. The bill is defining blogging > with the intention of regulating opinion on news. So that you would need a > license to comment on any newsworthy event. Probably, the next question > should be, what is the definition of News? Other questions are, if you blog > fake news, will that also be blogging? Is fake news under the definition of > blogging? > > > *"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;* > > KICTAnet has a document repository for sharing policy briefs and reports. > Does that make KICTAnet a social media platform? Will KICTAnet need a > license to operate it's website? > > On Wed, Oct 23, 2019, 14:05 kanini mutemi via kictanet < > kictanet(a)lists.kictanet.or.ke> wrote: > >> Are we worried about the definition of ‘social media platform’ >> >> The amendment proposes that for a social media platform to ‘operate’ in >> Kenya, they must seek a license. To get the license, they will have to >> comply with some obligations eg having an office in Kenya. >> >> >> On Wed, 23 Oct 2019 at 13:44, Mildred Achoch <mildandred(a)gmail.com> >> wrote: >> >>> I think posting on Twitter is covered under the term microblogging. My >>> follow up question then is: does this include retweeting or liking someone >>> else's tweet? If someone from another country criticizes a leader in Kenya, >>> then I retweet this 280 character criticism, have I carried out the action >>> of "blogging"? >>> >>> Regards, >>> Mildred. >>> >>> >>> On Wednesday, October 23, 2019, kanini mutemi <kaninimutemi(a)gmail.com> >>> wrote: >>> >>>> @Mildred, >>>> >>>> Thanks for starting us off. >>>> >>>> Would you say someone posting on Twitter (280 characters) would also >>>> fall under the broad definition of blogger? Drawing this from ‘*writing >>>> on social media platforms*’ >>>> >>>> On Wed, 23 Oct 2019 at 13:21, Mildred Achoch <mildandred(a)gmail.com> >>>> wrote: >>>> >>>>> Dear Listers, >>>>> >>>>> First, thank you for the opportunity to discuss this. I have very many >>>>> initial thoughts but let me begin with the definition of blogging. I think >>>>> it is important to look at the history of blogging as this will expand the >>>>> definition of the term beyond just news items. On the ground, many bloggers >>>>> like myself don't even concern themselves with news. For example, I have a >>>>> poetry blog that is largely inactive but is still a "LOG" of my previous >>>>> creative activities. >>>>> >>>>> Wikipedia has outlined what a blog is: >>>>> https://en.m.wikipedia.org/wiki/Blog >>>>> >>>>> If we are to follow the definition of blogging that is outlined in >>>>> this bill, does it mean then that blogs which do not deal with news will be >>>>> exempt? If a blog deals with the history of Kenya, is this still news or >>>>> not? What about satire based on news items? Parody? Memes? >>>>> >>>>> Regards, >>>>> Mildred Achoch. >>>>> >>>>> >>>>> On Wednesday, October 23, 2019, kanini mutemi via kictanet < >>>>> kictanet(a)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*. >>>>>> >>>>>> >>>>>> >>>>>> >>>>> >>>>> -- >>>>> Check out the Rock 'n' roll film festival, Kenya TV Channel! >>>>> http://kenyarockfilmfestivaljournal.blogspot.com >>>>> >>>>> >>>>> >>>>> -- >>>> *Mercy Mutemi, Advocate*. >>>> >>>> >>>> >>>> >>> >>> -- >>> Check out the Rock 'n' roll film festival, Kenya TV Channel! >>> http://kenyarockfilmfestivaljournal.blogspot.com >>> >>> >>> >>> -- >> *Mercy Mutemi, Advocate*. >> >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> https://lists.kictanet.or.ke/mailman/listinfo/kictanet >> Twitter: http://twitter.com/kictanet >> Facebook: https://www.facebook.com/KICTANet/ >> >> Unsubscribe or change your options at >> https://lists.kictanet.or.ke/mailman/options/kictanet/kivuva%40transworldaf… >> >> 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*.

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Safaricom Names CEO
by Victor Kapiyo 24 Oct '19

24 Oct '19

Safaricom has named Mr. Peter Ndegwa as the company’s Chief Executive Officer effective April 1, 2020. He joins Safaricom from Diageo PLC where he is the Managing Director of Diageo Continental Europe. https://www.safaricom.co.ke/about/media-center/publications/press-releases/…

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Data Protection Bill Progress
by Grace Bomu 24 Oct '19

24 Oct '19

Listers, It appears that the ICT Ministry Data Protection Bill was read for the first time in the National Assembly. See this story <https://www.standardmedia.co.ke/article/2001330606/cs-mucheru-clashes-with-…>. I cannot find the published version of the Bill online but came across this from the interwebs. If anyone comes across one that is authoritatively published, please share. Also please be on the lookout for the public participation from the National Assembly ICT committee. Otherwise, let us prepare to give input. Regards, -- Grace Mutung'u Skype: gracebomu @Bomu PGP ID : 0x33A3450F

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