Specifically, my opinion is a local used legislation must be inclusive and multifaceted. Mere blocking of content might be a simplistic approach to a complex situation.

On Wednesday, 13 January 2016, Barrack Otieno <otieno.barrack@gmail.com> wrote:

Hi Colleagues,

Just to weigh in on this discussion.

Its hard to be a government officer in this day and age :-). We are
not doing well on the Social Pillar in so far as our Vision 2030
aspirations are concerned. This has to do with our value systems as a
nation. Value systems are largely developed through what we hear, what
we read and what we see, some of us are lucky to have grown when value
systems existed. Regardless of the technological, cross border and
geo-political aspects at play we have to achieve balance. I therefore
pose this question to colleagues?

What would you do if you were in charge of the Kenya Film
Classification board in light of national aspirations and
constitutional expectations?

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On 1/13/16, Josh Kinoti via kictanet <kictanet@lists.kictanet.or.ke> wrote:
> Linda makes a good case, Re: regulation of Netflix
>
> Just wondering if you are aware one can set a 'child' account.
>
> IMO, the supposed regulation will at best stir curiosity. Remember the
> banning of 'The Wolf of Wall Street' locally? The effects were opposite of
> the intent.
>
> We ought to champion for self regulation and individual commitment to
> uphold the right values.
>
> The cyber space is a different kind of a beast.
>
> On Wednesday, 13 January 2016, <kictanet-request@lists.kictanet.or.ke>
> wrote:
>
>> Send kictanet mailing list submissions to
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>> Today's Topics:
>>
>> 1. Re: Netflix KICTAnet ICT Policy Discussions (Ali Hussein)
>> 2. Fwd: Legislative Update (Grace Mutung'u (Bomu))
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Wed, 13 Jan 2016 12:18:34 +0300
>> From: Ali Hussein <ali@hussein.me.ke <javascript:;>>
>> To: Linda Ochieng <lindaochieng@yahoo.com <javascript:;>>
>> Cc: "kictanet@lists.kictanet.or.ke <javascript:;>" <
>> kictanet@lists.kictanet.or.ke <javascript:;>>,
>> "mutua.ezekiel@yahoo.com <javascript:;>" <mutua.ezekiel@yahoo.com
>> <javascript:;>>, "jwalu@yahoo.com <javascript:;>"
>> <jwalu@yahoo.com <javascript:;>>
>> Subject: Re: [kictanet] Netflix KICTAnet ICT Policy Discussions
>> Message-ID: <14770024-77B9-4CE1-9119-F5292F19F75A@hussein.me.ke
>> <javascript:;>>
>> Content-Type: text/plain; charset="utf-8"
>>
>> Linda
>>
>> Please see my responses against your comments
>>
>> Ali Hussein
>> Principal
>> Hussein & Associates
>> +254 0713 601113 / 0770906375
>>
>> Twitter: @AliHKassim
>> Skype: abu-jomo
>> LinkedIn: http://ke.linkedin.com/in/alihkassim
>> Blog: www.alyhussein.com
>>
>> "Discovery consists in seeing what everyone else has seen and thinking
>> what no one else has thought". ~ Albert Szent-Gy?rgyi
>>
>> Sent from my iPad
>>
>> > On 13 Jan 2016, at 8:10 AM, Linda Ochieng <lindaochieng@yahoo.com
>> <javascript:;>> wrote:
>> >
>> > I have been following your discussions here and my thoughts
>> specifically on Netflix and online streaming are as follows:
>> >
>> > One, as a distributor of audio visual content, Netflix must adhere to
>> the regulations governing distribution of such content in line with all
>> the
>> laws of the Republic of Kenya, irrespective of the type of medium they
>> are
>> using to make that content available to their target consumers. That is
>> the
>> only way the firm?s operations in the country can be legal. As you know,
>> the law applies across the board and does not exempt foreign firms, or
>> users of online platforms.
>>
>> Ali - Internet Governance issues are in play here and it's not cut and
>> dried as you put. That's why you are seeing two regulators disagreeing.
>> Why
>> don't we then go ahead and also regulate all the other OTT (Over the Top)
>> services like YouTube, Facebook video etc?
>> >
>> > Two, it is in interest of the country to protect our cyberspace against
>> infiltration with content that is overly violent and damaging to our
>> national values and morals and security. I a reliably informed that most
>> of the movies distributed via some of these streaming services are rated
>> as
>> suitable for children, yet they have scenes that should not be shown to
>> children. That is rather unfortunate, given that most of our children
>> have
>> access to the Internet. Whose interest are we protecting then when we
>> support such content?
>>
>> Ali - There is no 'our cyberspace'. That's why it's called the World Wide
>> Web. This suggestion to Balkanise the Internet is to the detriment of us
>> all. We should fight it with all we have.
>> >
>> > Three and of even greater concern is the fact that British media
>> reports have in fact indicated that some of the content circulating on
>> these platforms requires secret codes to access, raising considerable
>> suspicion as to what kind of information that is to be distributed in
>> such
>> an overt manner. What is the motive of making the information secret,
>> beyond the subscription restrictions, we should ask?
>>
>> Ali - As Uhuru said - Policing should start with us. This business of us
>> asking the government to decide for us everything even what we watch in
>> our
>> sitting rooms is a recipe for disaster. We don't want a Morality Police
>> in
>> our country. It starts with you and I. Let's desist from this mentality
>> of
>> 'Serikali saidia'!
>> >
>> > Four, there is concern over growing levels of pornographic material
>> available in the country mainly originating from other countries. The
>> source is online platforms. This should worry every good citizen.
>> Radicalization is also one other major concern in online channels of
>> content distribution. This is the reason why KFCB and CA should be given
>> all the support they require by all stakeholders to ensure this kind of
>> content is classified and regulated appropriately. In any case, who is
>> not
>> affected by these challenges?
>> >
>> Ali - True. It starts with us. Regulators are not supposed to enter our
>> homes and police us. It's instructive that KFCB and CA are reading from
>> the
>> same script.
>>
>> > As I have said, everyone is bound by the law. As it is now, all content
>> coming into the country is subject to the laws of Kenya. Without
>> exception.
>> Clearly then, if Netflix fails to submit their content for classification
>> as expected by the law, their operations in Kenya will be illegal and
>> must
>> in that event face the full force of the laws of Kenya. Let us not be
>> against regulation without considering its benefits to our country.
>>
>> Again true. However, regulators need to also understand that the script
>> has changed. There is a new dispensation afoot. And they need to get on
>> with the program. The days of the telegram are gone. The ITU as we know
>> it
>> also needs to reinvent itself. The CA fortunately is showing us positives
>> (I'm willing to give them the benefit of doubt when it comes to some of
>> the
>> decisions and draft laws they come up. After all we are not perfect!) and
>> they really need to continue in the same vein.
>> >
>> > Regards
>> >
>> > Linda
>> > Amazon Tech Heights. Org
>> -------------- next part --------------
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>>
>> ------------------------------
>>
>> Message: 2
>> Date: Wed, 13 Jan 2016 12:46:09 +0300
>> From: "Grace Mutung'u (Bomu)" <nmutungu@gmail.com <javascript:;>>
>> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke
>> <javascript:;>>
>> Subject: [kictanet] Fwd: Legislative Update
>> Message-ID:
>> <
>> CAMwG4pyV31CZPL009mRoLqr7omJYV2Sz710HyHsjkEj2zYjrmg@mail.gmail.com
>> <javascript:;>>
>> Content-Type: text/plain; charset="utf-8"
>>
>> Listers,
>> FYI.
>>
>>
>>
>>
>> January 8, 2016, Legislative Update 001
>> See it Online
>> <
>> http://us7.campaign-archive1.com/?u=f42c73e8d9f3ec44858944bb5&id=82b0de79cd&e=66073bbaf9
>> >
>> Forward to Friend
>> <
>> http://us7.forward-to-friend.com/forward?u=f42c73e8d9f3ec44858944bb5&id=82b0de79cd&e=66073bbaf9
>> >
>> <
>> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=188d73c583&e=66073bbaf9
>> >
>> <
>> http://kenyalaw.us7.list-manage1.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=980a5de614&e=66073bbaf9
>> >
>> <
>> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=1ba47aa219&e=66073bbaf9
>> >
>>
>> Kenya Law Legislative Updates
>>
>> *Statute Law (Miscellaneous Amendments) Act, No. 25 of 2015*
>> <
>> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=3f766c108d&e=66073bbaf9
>> >
>> This is an Act of Parliament that provides minor amendments to various
>> statutes such as the Criminal Procedure Code, Judicial Service Act,
>> National Police Service Act,
>> Environment and Land Court Act, Universities Act and Prevention of
>> Terrorism Act. It came into operation upon publication in the Gazette on
>> 24th December, 2015.
>>
>> *Government Proceedings (Amendment) Act, No. 35 of 2015
>> <
>> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=fd14e48ecb&e=66073bbaf9
>> >*
>> The purpose of this Act is to amend the Government Proceedings Act,
>> Cap.40
>> and it came into operation on 7th January, 2016.
>>
>> *Kenya National Examination Council (Amendment) Act, No. 31 of 2015*
>> <
>> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=d4cddf7408&e=66073bbaf9
>> >
>> The purpose of this Act is to amend the Kenya National Examination
>> Council
>> Act, Cap.225. It came into operation on 2nd January, 2016.
>>
>>
>>
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>> http://kenyalaw.us7.list-manage.com/track/click?u=f42c73e8d9f3ec44858944bb5&id=381c2697cb&e=66073bbaf9
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>> --
>> Grace L.N. Mutung'u
>> Nairobi Kenya
>> Skype: gracebomu
>> Twitter: @Bomu
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>

--
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
http://www.otienobarrack.me.ke/