Dear All, Please see a decision by the Supreme Court in Canada https://mail.article19.org/owa/redir.aspx?C=66ad6ca5b77449d39441bc4f501deed2&URL=http%3a%2f%2fwww.cbc.ca%2fnews%2fpolitics%2fstory%2f2011%2f10%2f19%2fpol-scoc-hyperlink.html%3fcmp%3drss HENRY O. MAINA DIRECTOR ARTICLE 19 KENYA/EASTERN AFRICA P O BOX 2653,00100 NAIROBI TEL:+254 (20) 3862230/2 FAX:+254 (20) 3862231 EMAIL: henry@article19.org ________________________________________ From: kictanet-bounces+henry=article19.org@lists.kictanet.or.ke [kictanet-bounces+henry=article19.org@lists.kictanet.or.ke] on behalf of Solomon Mbũrũ Kamau [solo.mburu@gmail.com] Sent: 15 October 2011 10:31 AM To: Henry Maina Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Fwd:Defamatory Blog Publication by Moses Kuria & Demand For Apology If a facebook wall, then the guy can deactivate the account & register a new one with a pseudo. I'm just keen on any development that will arise out of this lawsuit. On 15/10/2011, Grace Mutung'u (Bomu) <nmutungu@gmail.com> wrote:
BTW the said "blog" was his FaceBook wall.....other than that the matter stems from political underpinnings because the parties belong to different divides and in the past, they have had heated debates, in among other fora , *The Star. *A very wait and see case...
2011/10/15 John Gitau <jgitau@gmail.com>
Well freedom goes hand in hand with taking responsibility for what you write. Ie whoever you are writing about can and definately has access to the same freedom. Which could mean suing you.
From a legal standpoint? It will be interesting to watch since 'fun' issues can come up, like where is the blog hosted? Domain registered? If he deletes it is the hosting platform obliged by any kenyan legal apparatus to re-produce that blog post for evidence? In other words this guy can show them the finger, chuckle and write another one making fun of their attempt to sue him.... Does the author blog in their 'true' name?
See one reason it helps to keep content local is for law enforcement...definately a good one to watch...If there is a lawyer here it would be nice to have a debate around this.
Gitau
Sent from my iPad
On Oct 15, 2011, at 7:16 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
This is going t be interesting. I won't comment lest I bee in contempt of court.
Dear all, the suit between Muite & Others versus Moses Kuria, which I understand is proceeding to court, should be a very interesting one to watch. Hopefully it shall give some insights on content control vs freedom of expression. See below.
---------- Forwarded message ---------- From: Ngunjiri <ngunjiri@kikuyusforchange.com> Date: Mon, 10 Oct 2011 16:05:07 +0300 Subject: {K4c} Defamatory Blog Publication by Moses Kuria & Demand For Apology To: KC4 <kikuyusforchange@googlegroups.com>
This will most probably interest some of us, and help all of us be careful about what we write on our blogs. --- Ngunjiri
[image: Issa & Co Advocates]
Our Ref: M/058/001/L****
****
Tuesday, October 4, 2011****
****
Moses Kuria****
P. O. Box 1838-00200
‘*Advance copy by email*’****
*NAIROBI*****
****
Dear Sir,****
****
*RE: DEFAMATORY PUBLICATION ***** ------------------------------
We have been instructed by our clients, Wambugu Ngunjiri, Paul Muite, Ndung’u Wainaina, Maina Kiai and Hassan Omar.****
****
Our instructions are that you published in your widely read blog the following words of and concerning our clients.****
****
*‘I have said Ocampo has no case. All he has are fake witnesses coached by Hassan Omar, Wambugu Ngunjiri, Paul Muite, Ndungu Wainaina, Njonjo Mue and Maina Kiai.’*****
****
Your insinuations are unfounded and baseless and our clients’
On 15/10/2011, Grace Mutung'u (Bomu) <nmutungu@gmail.com> wrote: professional
respective standings, characters and reputations have been severely tarnished by your publication.****
****
Our instructions are to demand a retraction, an apology and an admission of liability on your part for the publication of the defamatory words. This we hereby do. We shall address the issue of the damages payable to our clients upon receipt of your apology and admission.****
****
*NOTE* that if you do not publish an apology and retraction on your blog within the next *Seven (7) Days* of the receipt of this letter we shall proceed to the law for redress at your risk as to costs. ****
****
Yours faithfully,****
*ISSA & COMPANY ADVOCATES*****
****
****
*MANSUR M. ISSA*****
****
cc. Clients****
****
*Issa & Co Advocates* <info@issadvocates.co.ke>**** ------------------------------
5th Floor, City House, Wabera Street P.O. Box *24210 - 00100*, Nairobi, Kenya *ph*: *+ 254 20 340 150 · * *fx*: *+ 254 20 340 151* *em*: *info@issadvocates.co.ke · ***** ------------------------------
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-- --- Fear makes men act even against their own interests- changing them from men of reason to blubbering fools.
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
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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.
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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.
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: GraceMutung'u (Bomu)
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/henry%40article19.org 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.