Content regulation unlike mathematics, cannot be applied so precisely and accurately as we do with our formulas. I think that sole efforts by governments to regulate usually end up being seen or become in actual fact censorship. We all do not have the same values or culture, and therefore, the big brother state will always find it difficult to regulate content in an environment where there is no similar appreciation of values or culture. 

In which case therefore, it is important for government to adopt a multiskakeholder approach and work closely with all the players including users, recognising their various roles. They can work with academia to define unlawful content e.g. child pornography; train law enforcement on ways of detecting, investigating and prosecuting case on such content; and work with ISPs and other internet intermediaries to provide tools to detect such content on their platforms, provide users with tools to report or block such content and, also educate users on the same. Simply making content a,b or c an offence is not enough in my view. 

Victor Kapiyo
Partner | Lawmark Partners LLP
Suite No. 8, Centro House, Westlands, Nairobi | Web: www.lawmark.co.ke 
====================================================
“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar



On Tue, 10 Jul 2018 at 17:02, Barrack Otieno via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Mercy,

KFCB Should ensure that any policy dealing with content is subjected to a multistakeholder process and that all relevant stakeholders are identified and encouraged to participate in the Policy developement process. Stakeholders in the content space have been complaining about inadequate consultations.

It is important for sector players to ensure that a multistakeholder framework is in place as soon as possible. I would love to hear what media practitioners, organozations that deal with child online protection amd safety say.

Best Regards



On Tue, 10 Jul 2018 16:45 kanini mutemi via kictanet, <kictanet@lists.kictanet.or.ke> wrote:

I also invite proposals on the way forward on content regulation on the internet. Are there commendable practices elsewhere we could look to? 

On Tue, Jul 10, 2018 at 3:26 PM, anyega jefferson via kictanet <kictanet@lists.kictanet.or.ke> wrote:
So, what am getting is the existing legal framework covers Internet content or am wrong?

On Tue, Jul 10, 2018 at 3:21 PM, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thank you @Mwara for redirecting us to Article 33 of the Constitution on speech that is not protected. Here is the full text:

(2) The right to freedom of expression does not extend to—

(a)  propaganda for war;

(b)  incitement to violence;

(c)  hate speech; or

(d)  advocacy of hatred that—

(i)  constitutes ethnic incitement, vilification of others or incitement to cause harm; or

(ii)  is based on any ground of discrimination specified or contemplated in Article 27(4).

On Tue, Jul 10, 2018 at 3:06 PM, mwara gichanga via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Hello Listers,

Thank you @carolyne

Why online content shouldn't be regulated?

Human rights principles and standards also apply to content regulation. Freedom of expression (FoE) protected by Article 19 and the UN declaration of Human rights states that offline rights apply equally online. 

Under which circumstance should online content be regulated?

Any restrictions placed on the exercise of the right to FoE must be legal, necessary, proportionate and legitimate.,(  Copyright reasons,obscene content, bullying and hate speech causing harm to others, security, human dignity, privacy.) and even so the restrictions placed must not undermine or jeopardise the essence of that basic human right. 

On Tuesday, July 10, 2018, 10:28:01 AM GMT+3, carolyne mimano via kictanet <kictanet@lists.kictanet.or.ke> wrote:


Hello listers,

As we dive more into content regulation we should maybe also focus on:

Why content is regulated?
- Copyright reasons,obscene content, bullying and hate speech(causing harm to others) security, human dignity, privacy.
-The different kinds of content-online content, traditional media etc
For online content how different countries/governments are trying to regulate online content e.g self filtering, internet service providers or anyone that has access to blocking offensive material but fails to do so.

Kind regards
Carolyne


On Tue, 10 Jul 2018, 9:53 am cmaundu--- via kictanet, <kictanet@lists.kictanet.or.ke> wrote:
Hello Listers, 

Content regulation, is basically content restrictions or monitoring as required by governments or regulatory bodies. 



On 10 Jul 2018, at 9:26 AM, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Hello Listers, 

I’ll start us off with the discussion on Content Regulation on the internet. I find it useful for us to first understand what content regulation means. To this end, I invite your contributions to the following questions–

(a) What does 'content regulation’ mean?

(b) How is content regulation achieved?

(c) What categories of content face the most regulation? 

Let’s go! 
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