Dear Grace,

Sorry for the late contribution about yesterday’s topic. As highlighted last week I think users should also take a responsibility of what they are contributing to in online environment. For this reason an ethical behavior should be encourage through media and information literacy at an early age.

Best regards

Jaco

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Jaco DU TOIT

Adviser for Communication & Information

UNESCO Regional Office for Eastern Africa

United Nations Avenue, UNON, Gigiri (Room C-104)

P.O. Box 30592-00100, Nairobi, Kenya

Tel: +254 (0)20 762 2346/2566

Fax +254 (0)20 762 2750

Mobile: +254 (0)728 610 912

Email:j.dutoit@unesco.org,
Website: http://www.unesco-nairobi.org

From: kictanet [mailto:kictanet-bounces+j.dutoit=unesco.org@lists.kictanet.or.ke] On Behalf Of Grace Githaiga
Sent: Tuesday, 16 October, 2012 1:03 AM
To: Du Toit, Jaco
Cc: KICTAnet ICT Policy Discussions
Subject: [kictanet] Hate text messages/KICA Section 29

Good morning Listers

I would like to thank Jane, Barrack and Topista for views expressed on yesterday's topic Shooting the messenger.

They did express the need to place some level of responsibility on both the source of the content and the host platform. Further they underscored the need to have a good information system that operates under a sound policy framework if it is to be useful to society.

Today we look at Section 29 of the KICA (improper use of system) http://www.cck.go.ke/regulations/downloads/KenyaInformation-Communications-Act-Final.pdf that is increasingly being used as a basis for criminal charges for users of technology based platforms. See example: http://www.youtube.com/watch?v=9q7VmsYNsqE

29. A person who by means of a licensed telecommunication system—

(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person

commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

Could misuse of an information system also be used to charge intermediaries? Would this call for the training of the Kenya Police, DPP and Judiciary so that they understand the issues as they litigate and make rulings?

Listers, lets hear your views. Further, please feel free to go back to yesterday's thread on shooting the messenger if you would like to contribute.

Have a wonderful day

Rgds