As a lawyer, let me correct the statement below that says that nothing that was said amounts to defamation. Defamation of character can include slander (spoken derogatory statements), libel (written derogatory statements) or both. To constitute actionable defamation, the statements must be false and expose a person to hatred, ridicule or contempt. Defamation is particularly relevant if it impacts or harms your occupation or your reputation in the industry.
Definitive statements, not based in fact, such as the ones below and others that were flying around, could in my opinion rise to the level of defamation:
"Brian is not a Kenyan. Why is he representing Kenya? He is malawian and he sits on CCK board."
"Why is a Malawian representing Kenya at the IGF? Do we lack enough Kenyans to sit on Kenyan boards and also represent Kenya abroad? This is disgusting and the earlier the masqueraders like Brian Longwe and the bunch of foreign attack dogs are told off the better."
The issue is not so much whether Brian should sue or not, but rather points to the need among us for more rigorous, fact-based professional standards of interaction. If we want more Kenyan professionals to serve on the CCK and elsewhere, I'm sure we would all want the highest standards of ethics and performance to prevail.
b
From: kictanet-bounces+bnowrojee=osiea.org@lists.kictanet.or.ke [mailto:kictanet-bounces+bnowrojee=osiea.org@lists.kictanet.or.ke] On Behalf Of Robert Alai
Sent: 2008-12-03 15:20
To: Binaifer Nowrojee
Cc: Mwende Gatabaki; Patrick Mutiso; KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Vitriol in cyberspace
Brian
Thats a good assurance I must commend and hope that JM will be satisfied now.
I also wondered why many of your relatives are in malawi aand not Kenya and since its said that you hold Malawian passport, people thought that you are Malawian.
I dont think that there was anything which amounts to defamation and I think that you should sue and not scare people that you can sue. Its one kind of threat which nowadays dont serve much but you might find it rebounding on you ndugu.
All in all. I hope that now we can start discussing you presentation
Cheers ndugu
AlaiOn 12/3/08, Brian Longwe <blongwe@gmail.com> wrote:
wow!
Just catching up on my email ...... incredible ..... some facts
Born: Aga Khan hospital, Nairobi - August 1 1971
Kindergarten: St. Christophers, Valley Arcade
Primary: Std 1-8 - St Mary's Nairobi (1st group of "8-4-4")
Circumcised: Kangundo General Hospital
Secondary: Form 1-2, St Mary's Nairobi
Secondary: Form 3-4 (Ruiru High School)
Kenyan ID# 11723803 - Kawethei Village, Kangundo
Passport: A1192549
and on...
and on...
all Kenyan...
True I have dual parentage (Kenyan & Malawian) - but does that make me less of a Kenyan? And I can assure you that I am not ashamed about my heritage.
It is clear that someone here is carrying a seriously huge chip on their shoulder - maybe come clean and say what the real problem is?
Ever heard about a defamation lawsuit?
Chunga sana ndugu....
Brian
On Wed, Dec 3, 2008 at 11:44 PM, Alex Gakuru <gakuru@gmail.com> wrote:
Someone's freedom ends where others' begin. It's that simple.
I am removing you shortly.
On Wed, Dec 3, 2008 at 10:41 PM, John Maina <j.maina@ymail.com> wrote:
> Alex
>
> I think you have a problem solve it. You should have banned me longtime ago
> since I think you think that when you have a corrupt mind then all should
> have corrupt minds. I dont wish to be on your Kenya internet users where you
> have nominated yourself to represent Kenyans. You dont believe in democracy
> and so I dont wish to continue being in Kenyan Internet users. OK? Remove me
> ASAP
>
> That list I think is very limited in reach and importance ndugu. ban people
> from more important lists
>
> JM
>
> ________________________________
> From: Alex Gakuru <gakuru@gmail.com>
> To: Patrick Mutiso <pmutiso@telkom.co.ke>
> Cc: John Maina <j.maina@ymail.com>; Mwende Gatabaki
> <mgatabaki@ktdateas.com>; Brian Longwe <blongwe@gmail.com>; Brian Munyao
> Longwe <brian@caret.net>; ke-internetusers@bdix.net
> Sent: Wednesday, December 3, 2008 10:12:07 PM
> Subject: Re: [ke-internetusers] Re: [kictanet] Satement by Brian
> LongwefromPanel on Access in Main Session of Internet GovernanceForum,
> Hyderabad, India 3rd Dec 2008
>
> Members have clearly stated their opinion that Brian owed is an
> apology for wrongful denial of his bona fide nationality. This list
> exists for the purpose of advancing consumer interests not fighting
> personal vendettas/lobbying for other self-interests or any such other
> thing that distracts us from our vision, mission, and objective. In
> any case, as stated by Mwende, this list will not be part of mass
> mailing lists that promote xenophobia-like attitudes.
>
> Should 'John Maina' continue with these personal mass lists attacks on
> the individual, then I will now be compelled to completely ban that
> email subscription from this list.
>
> BTW, Human beings are creatures of habit.....
>
>
> 2008/12/3 Patrick Mutiso <pmutiso@telkom.co.ke>:
>> John,
>>
>> If CCK which is a government body accepts a non-Kenyan as you say to sit
>> on
>> the board then he qualifies to represent us at the IGF. I happen to know
>> him
>> as a Kenyan and I agree with Mwande..you truly owe Brian an apology, and
>> even all of us. Your language feels like its made to attack, and that is
>> not
>> cool.
>>
>> Patrick Mutiso
>> ________________________________
>> From: ke-internetusers-bounces@bdix.net on behalf of John Maina
>> Sent: Wed 12/3/2008 17:30
>> To: Mwende Gatabaki; Brian Longwe; KICTAnet ICT Policy Discussions; Brian
>> Munyao Longwe
>> Cc: picta-kenya@yahoogroups.com; ke-internetusers@bdix.net
>> Subject: Re: [ke-internetusers] Re: [kictanet] Satement by Brian
>> LongwefromPanel on Access in Main Session of Internet GovernanceForum,
>> Hyderabad, India 3rd Dec 2008
>>
>> Mwende
>>
>> Brian is not a Kenyan. Why is he representing Kenya? He is malawian and he
>> sits on CCK board. There is nothing to apologise on telling the truth
>>
>> JM
>>
>> ________________________________
>> From: Mwende Gatabaki <mgatabaki@ktdateas.com>
>> To: John Maina <j.maina@ymail..com>; Brian Longwe <blongwe@gmail.com>;
>> KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>; Brian
>> Munyao Longwe <brian@caret.net>
>> Cc: picta-kenya@yahoogroups.com; ke-internetusers@bdix.net
>> Sent: Wednesday, December 3, 2008 5:14:29 PM
>> Subject: RE: [ke-internetusers] Re: [kictanet] Satement by Brian Longwe
>> fromPanel on Access in Main Session of Internet Governance
>> Forum,Hyderabad,
>> India 3rd Dec 2008
>>
>> John;
>>
>>
>>
>> ….I really think you need to revise your attitude or your language – or
>> both. This is the kind of thing
>>
>> that made us kill each other at the beginning of this year.
>>
>>
>>
>> Ps: I think you owe Brian an apology.
>>
>>
>>
>> Mwende
>>
>>
>>
>>
>>
>> ________________________________
>>
>> From: ke-internetusers-bounces@bdix.net
>> [mailto:ke-internetusers-bounces@bdix.net] On Behalf Of John Maina
>> Sent: Wednesday, December 03, 2008 4:35 PM
>> To: Brian Longwe; KICTAnet ICT Policy Discussions; Brian Munyao Longwe
>> Cc: picta-kenya@yahoogroups.com; ke-internetusers@bdix.net
>> Subject: [ke-internetusers] Re: [kictanet] Satement by Brian Longwe
>> fromPanel on Access in Main Session of Internet Governance Forum,
>> Hyderabad
>> , India 3rd Dec 2008
>>
>>
>>
>> KICTANET
>>
>> Why is a Malawian representing Kenya at the IGF? Do we lack enough Kenyans
>> to sit on Kenyan boards and also represent Kenya abroad? This is
>> disgusting
>> and the earlier the masqueraders like Brian Longwe and the bunch of
>> foreign
>> attack dogs are told off the better.
>>
>> JM
>>
>>
>>
>> ________________________________
>>
>> From: Brian Longwe <blongwe@gmail.com>
>> To: j.maina@ymail.com
>> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
>> Sent: Wednesday, December 3, 2008 3:15:20 PM
>> Subject: [kictanet] Satement by Brian Longwe from Panel on Access in Main
>> Session of Internet Governance Forum, Hyderabad , India 3rd Dec 2008
>>
>>
>> Brian Munyao Longwe – Main Session on Access (Development Perspective)
>>
>> Traditionally teledensity has been used as a measure of access or the
>> extent
>> to which communication technologies have pervaded a community..
>>
>> In the past Africa as a region has recorded extremely low fixed-line
>> teledensity of below 1% that is less than 1 line per 100 people. Believe
>> it
>> or not this is still the case!
>>
>> However, when one incorporates mobile lines in a teledensity analysis -
>> the
>> results are not only incredible, they are amazing. as of 2007, Africa 's
>> mobile teledensity stood at an impressive 23% or 23 lines per 100 people.
>> There was a recorded growth in mobile users from 128 million in 2006 to
>> over
>> 215 million subscribers by 2007. This represents an annual growth of over
>> 46%. We have just heard that India 's mobile network is growing at an
>> incredible rate of over 10 million new connections per month!
>>
>> Given the fact that most operators around Africa have rolled out GPRS/EDGE
>> coverage across most of their networks as well as deployment of 3G access
>> across their larger markets it is entirely feasible that mobile, not
>> broadband may present the opportunity for increased access for developing
>> countries. MOBILE and not BROADBAND is the silver bullet.
>>
>> Another key element crucial to the growth of access in developing
>> countries
>> is a suitable environment for the dispersion of relevant content and
>> applications that meet the day to day needs of the populace. Internet
>> Exchange Points are the primary critical ingredient needed to create these
>> conditions. By keeping all locally originated and requested traffic local,
>> Internet exchange points serve a crucial role in enhancing the user
>> experience, lowering operational costs and providing a suitable framework
>> for the growth and development of the Internet in general.
>>
>> While many developing countries have adopted policies and regulations that
>> encourage and promote competition in the mobile sectors, which has
>> resulted
>> in continued growth in the numbers of users, the establishment of IXPs has
>> received a relatively low priority - despite the significant impact that
>> such simple infrastructure presents to the community.
>>
>> Access enhances the interface between government and the citizen at a
>> transactional level.. The Kenya Revenue Authority last year suggested that
>> the Kenya Internet Exchange Point receive "critical infrastructure" status
>> with 24-hour armed guard due to the fact that 100% of all import/export
>> declarations and documentation transit the IXP via the revenue authority's
>> web-based platform.
>>
>> Going back to mobile, Safaricom, a Kenyan mobile operator introduced a
>> money
>> transfer service called M-Pesa less than two years ago. M-Pesa now has
>> over
>> 4 million subscribers (within 1 year - the service signed up more users
>> than
>> Kenya 's entire banking industry signed up within a century!) Safaricom
>> reported that over half a Billion US dollar had been transacted over the
>> platform within less than 18 months.
>>
>> Key policy lesson? The financial services and communications regulator in
>> Kenya decided not to subject m-pesa to punitive obligations through
>> treatment as a bank but rather chose to perceive m-pesa a non-bank payment
>> service. That decision has today affected and continues to affect millions
>> of lives. Regulators can either promote innovation, access & development
>> or
>> hinder it.
>>
>> In East Africa communications regulators have completely opened up the
>> communications sector; fully liberalizing every area, but providing
>> structure through unified licensing regime that separates facilities,
>> services and content In Kenya this has spurred investments of over half a
>> Billion USD over the past 2 years.
>>
>> Key stakeholder lesson: relevant content drives demand - Safaricom's
>> m-pesa
>> met a basic and everyday need, this has driven the increased use of their
>> mobile platform by touching the lives & livelihoods of both urban & rural
>> citizens.
>>
>>
>> --
>> Brian Munyao Longwe
>> e-mail: blongwe@gmail.com
>> cell: + 254 722 518 744
>> blog : http://zinjlog.blogspot.com
>> meta-blog: http://mashilingi.blogspot.com
>>
>>
>>
>> _______________________________________________
>> ke-internetusers mailing list
>> ke-internetusers@bdix.net
>> http://www.bdix.net/mailman/listinfo/ke-internetusers
>>
>>
>
>
--
Brian Munyao Longwe
e-mail: blongwe@gmail.com
cell: + 254 722 518 744
blog : http://zinjlog.blogspot.com
meta-blog: http://mashilingi.blogspot.com
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