Thanks Ali, Mark,
Barrack and Alex for keeping the debate vibrant.
Today is our last
day of discussing the various issues that have arisen on intermediary
liabilities. Two questions:
1.
A while
ago, one Lister reported on this platform of the efforts he was making to get
google to bring some post down and he gave his reasons.
If citizens complain to an intermediary for
example google that infomation posted on its site is defamatory or harmful, but
the intermediary sees no harm in the content and insists that it can only take
down the said content if there is a court order, what forms of redress are
available for this citizen especially if s/he has no funds to go to court?
2.
With
Internet users becoming mini publishers (blogs and facebook), do we need a liberal
definition of intermediaries that would include them considering such users may
have low awareness levels?
Over to you
Listers.
And a great furahi
day.
Rgds
GG
+ 1 Alex, i think the law looks at facts if it was commited for the
wrong reasons then it ought to be punished.
Best Regards
On Thu, Oct 18, 2012 at 1:52 PM, Alex Comninos <alex.comninos@gmail.com> wrote:Impersonation is not illegal in certain contexts both online andoffline. For example one can impersonate someone for art like in aplay or for parody and satire. Additionally one can also (badly)impersonate someone at a dress up party for instance. Whether theimpersonation actually leads people to believe that the person isreally the object of impersonation would of course have a bearing onthe law. Thus certain types of online impersonation - for obviousparody for example should not be illegal online.Impersonation for parody or political commentary is an age old andlegal tradition. However in many instances politicians do not takekindly to it. Impersonation under certain circumstances online shouldalso be protected.We must take care that policing online impersonation does not haveadverse side effects such on freedom of speech, and lead to a policingof parody.The case of India could be an important case to look athttp://www.thehindu.com/sci-tech/internet/article3821584.eceAlex ComninosOn 18 October 2012 00:39, Grace Githaiga <ggithaiga@hotmail.com> wrote:Good morning ListersYesterday we had a stimulating debate on prosecuting hate speech online. AliHussein pointed out that what is wrong offline is also wrong online and gavethe example of impersonation.Today, we want to focus our attention on online imposters.We have had cases of imposters creating facebook and twitter accounts ofknown personalities for example of the former government spokesperson AlfredMutua, Comedian Churchill aka Mwalimu King’gang’ and several politicians.The police have also been impersonated on twitter.In such a case, where is the place of ethics and personal values especiallywhen impersonating other people online? Is there a provision of personalvalues in our constitution or in any or our legislation that can provideguidance on how to handle online imposters? How should such matters be dealtwith?Lets hear it from you. This is the second last day to contribute as we willbe winding up this debate tomorrow.Have a wonderful day.RgdsGrace________________________________From: ali@hussein.me.keDate: Wed, 17 Oct 2012 16:38:00 +0300Subject: Re: [kictanet] [ISOC_KE] Prosecution of online hate speechCC: kictanet@lists.kictanet.or.keTo: ggithaiga@hotmail.comAlex and allI always find that the simple rules of every day life if also followed onthe Internet invariably works albeit with tweaks here and there. What iswrong offline is also wrong online. Impersonation whether off or online isstill wrong. The principles of privacy and freedom of expression cuts bothways.I think sometimes we make it too complicated by thinking that the Internetis a unique place where people can get away with things that they probablywouldn't in the 'real' world. Once we accept that the Internet is justanother medium which accelerates interaction and blurs community boundariesand accept that the basic tenets of good and bad still remain the samedespite the hyper-connectivity enablement we will be the better for it.RegardsAli HusseinCEO | 3mice interactive media LtdPrincipal | Telemedia Africa Ltd+254 773/713 601113Sent from my iPadOn Oct 17, 2012, at 4:15 PM, Barrack Otieno <otieno.barrack@gmail.com>wrote:tions._______________________________________________kictanet mailing listkictanet@lists.kictanet.or.kehttps://lists.kictanet.or.ke/mailman/listinfo/kictanetUnsubscribe or change your options athttps://lists.kictanet.or.ke/mailman/options/kictanet/alex.comninos%40gmail.comThe Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform forpeople and institutions interested and involved in ICT policy andregulation. The network aims to act as a catalyst for reform in the ICTsector in support of the national aim of ICT enabled growth and development.KICTANetiquette : Adhere to the same standards of acceptable behaviorsonline that you follow in real life: respect people's times and bandwidth,share knowledge, don't flame or abuse or personalize, respect privacy, donot spam, do not market your wares or qualifications._______________________________________________kictanet mailing listkictanet@lists.kictanet.or.kehttps://lists.kictanet.or.ke/mailman/listinfo/kictanetUnsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail.comThe 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.
--
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
http://www.otienobarrack.me.ke/
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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.