GG This debate is timely and urgent and looking forward to different perspectives. It's great to see NCIC finally wanting to engage as opposed to issuing threats to social media users. This is a sign of maturity and it is very welcome. Looking forward to engaging. Regards *Ali Hussein* *Principal* *Hussein & Associates* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Tue, Aug 15, 2017 at 11:50 PM, Grace Githaiga via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Listers
Further to our production of the policy brief on Internet Shutdowns in which we called on the relevant authorities to uphold the freedom of expression during elections, the National Cohesion and Integration Commission (NCIC) https://www.cohesion.or.ke/ whose overall objective is to encourage national cohesion and integration, reached out to us to us today. Their main concern is that some social media users have gone overboard in heightening emotions through sharing of false information, fake news and what is considered hate speech.
As KICTANet, we can contribute to possible interventions in such away as to moderate some of these conversations.
In the same way that we have engaged with other partners, we propose a moderated discussion with NCIC for three days (tomorrow Wednesday 16 to Friday 18, August 2017). This discussion may also be to offer the Commission your suggestions on possible approaches. The NCIC team that includes staff and some commissioners have been subscribed here. So they are listening!
This will be followed by a face to face meeting sometime next week, where the NCIC team will respond to concerns that you may wish to further raise with them, or simply listen to your recommendation. We will advise you on the date and venue in due course.
Day 1
Introduction
Fake news is essentially fabricated news that has no basis in fact, but is presented as being factually accurate.
The electioneering period in Kenya saw a rapid spread of fake news that manifested itself in several ways on the internet. These included content on websites or social media pages that was outright false, deliberately misleading, manipulated, fabricated, or with made-up sources, fake websites that mimic legitimate ones etc. Unfortunately, several social media users have fallen prey to this type of news and have ended up sharing such information without verification. This was for example, evident in the events that followed the announcement of presidential results, where the rapid spread of unverified information, including hate speech, that heightened fear, anxiety and tension across the country, reminiscent of the 2007 post-election period.
While Kenya’s Constitution enshrines freedom of expression, it also limits this right to exclude incitement to violence, hate speech and advocacy for incitement that is discriminatory or that constitutes ethnic incitement, vilification of others or incitement to cause harm.
According to section 13 of the NCIC Act, the offence of hate speech is committed when a person uses threatening, abusive or insulting words or behaviour, or displays any written material; publishes or distributes written material; presents or directs the performance the public performance of a play; distributes, shows or plays, a recording of visual images; or provides, produces or directs a programme, which is threatening, abusive or insulting or involves the use of threatening, abusive or insulting words or behavior commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up. the penalty is fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both.
The rise in disinformation on the Internet in Kenya brings to fore the challenges of regulating social media platforms and content in general. This is a global problem and the current problem in Kenya provides an opportunity for actors to contribute to this discussion. The problem can be assessed from different angles. At the basic level are users who contribute to the Internet economy by having online presences. However, when they produce and share disinformation, whether with good or bad intention, they make the Internet a toxic space and their actions can have dangerous effects offline.
At a second level are platforms where the content is shared. The rise in use of the platforms therefore makes public policy advocates interrogate the role of the platforms in combating the spread of such content and therefore preventing offline harm.
Finally, there are regulators and government agencies in Kenya that were established to regulate aspects of communication technologies and promote national cohesion in Kenya. The current situation has seen affected Kenyans look up to them to provide leadership at this critical time.
The rise of fake news and hate speech was discussed on KICTANet in the runup to the annual Kenya IGF in July 2017. The magnitude of the problem however requires experts to come together and not only help Kenyans understand the problem but also offer solutions on how best to resolve the problem, both in the immediate and long term.
Suggested Questions
Day One: Users and Fake News
1.
Why is there an increase in the prevalence of fake news recently? 2.
What is the role of different categories of users in combating fake news? 3.
Have Kenyans given up or are there good practices in combating fake news? 4.
Is fake news a manifestation of deeper societal issues and if so, are there any ways to combat it other than resolving the societal issues? 5.
We have Bloggers who are seen as influencers. Do have a higher duty when communicating?
Day Two: Platform Responsibility
1.
What should platforms such as Facebook and Google be doing to reduce the effect of fake news? 2.
Is Kenya’s problem so unique that it requires localised solutions by platforms? 3.
What is the role of media in combating fake news? 4.
Is the Kenyan media doing enough?
Day Three: Government Agencies and Regulator
1.
Given the effect of fake news in Kenya, does it cross the “red line”. In other words, is fake news illegal if it leads to incitement? 2.
Do the two main agencies NCIC and CA have sufficient mandate to combat fake news? 3.
If not, is it time we regulated social media use? How?
Best regards
Githaiga, Grace
Co-Convenor Kenya ICT Action Network (KICTANet) Twitter:@ggithaiga Tel: 254722701495 Skype: gracegithaiga Alternate email: ggithaiga@hotmail.com Linkedin: https://www.linkedin.com/in/gracegithaiga www.kictanet.or.ke
"Change only happens when ordinary people get involved, get engaged and come together to demand it. I am asking you to believe. Not in my ability to bring about change – but in yours"---Barrack Obama.
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