KICA Amendment- Regulation of Social Media
Good morning Listers, As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media. I will lead us on a discussion on this Bill. Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media. To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’: "*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;* *"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;* What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome. -- *Mercy Mutemi, Advocate*.
Good morning Listers, As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media. I will lead us on a discussion on this Bill. Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media. To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’: "*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;* *"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;* What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome. -- *Mercy Mutemi, Advocate*.
Our Members of Parliament should find something better to do. It is impossible to regulate social media at least from those who have attempted to do that. They should learn from the UAE where they have spent an inordinate amount of money without success. They have to have resources to educate the public first otherwise it the ordinary mwananchi who may not even know there is such a legislation who will suffer. Ndemo. On Wed, Oct 23, 2019 at 12:01 PM kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome. -- *Mercy Mutemi, Advocate*.
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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.
Daktari Ndemo, You have spoken like a 1000 wise old men (to quote my big bro @Ali Hussein). Trying to control social media is like walking into *jua kali garage *and telling them whoever utters an obscenity would be fined or jailed. I can tell you for free that you are going to jail them to the very last person! Agreed that some level of governance needs to be put in place, however lets start by educating the masses on good netiquettes. THK On Thu, Oct 24, 2019 at 5:02 PM Bitange Ndemo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Our Members of Parliament should find something better to do. It is impossible to regulate social media at least from those who have attempted to do that. They should learn from the UAE where they have spent an inordinate amount of money without success. They have to have resources to educate the public first otherwise it the ordinary mwananchi who may not even know there is such a legislation who will suffer.
Ndemo.
On Wed, Oct 23, 2019 at 12:01 PM kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome. -- *Mercy Mutemi, Advocate*.
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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.
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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.
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Dear Listers, First, thank you for the opportunity to discuss this. I have very many initial thoughts but let me begin with the definition of blogging. I think it is important to look at the history of blogging as this will expand the definition of the term beyond just news items. On the ground, many bloggers like myself don't even concern themselves with news. For example, I have a poetry blog that is largely inactive but is still a "LOG" of my previous creative activities. Wikipedia has outlined what a blog is: https://en.m.wikipedia.org/wiki/Blog If we are to follow the definition of blogging that is outlined in this bill, does it mean then that blogs which do not deal with news will be exempt? If a blog deals with the history of Kenya, is this still news or not? What about satire based on news items? Parody? Memes? Regards, Mildred Achoch. On Wednesday, October 23, 2019, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
@Mildred, Thanks for starting us off. Would you say someone posting on Twitter (280 characters) would also fall under the broad definition of blogger? Drawing this from ‘*writing on social media platforms*’ On Wed, 23 Oct 2019 at 13:21, Mildred Achoch <mildandred@gmail.com> wrote:
Dear Listers,
First, thank you for the opportunity to discuss this. I have very many initial thoughts but let me begin with the definition of blogging. I think it is important to look at the history of blogging as this will expand the definition of the term beyond just news items. On the ground, many bloggers like myself don't even concern themselves with news. For example, I have a poetry blog that is largely inactive but is still a "LOG" of my previous creative activities.
Wikipedia has outlined what a blog is: https://en.m.wikipedia.org/wiki/Blog
If we are to follow the definition of blogging that is outlined in this bill, does it mean then that blogs which do not deal with news will be exempt? If a blog deals with the history of Kenya, is this still news or not? What about satire based on news items? Parody? Memes?
Regards, Mildred Achoch.
On Wednesday, October 23, 2019, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
-- *Mercy Mutemi, Advocate*.
I think posting on Twitter is covered under the term microblogging. My follow up question then is: does this include retweeting or liking someone else's tweet? If someone from another country criticizes a leader in Kenya, then I retweet this 280 character criticism, have I carried out the action of "blogging"? Regards, Mildred. On Wednesday, October 23, 2019, kanini mutemi <kaninimutemi@gmail.com> wrote:
@Mildred,
Thanks for starting us off.
Would you say someone posting on Twitter (280 characters) would also fall under the broad definition of blogger? Drawing this from ‘*writing on social media platforms*’
On Wed, 23 Oct 2019 at 13:21, Mildred Achoch <mildandred@gmail.com> wrote:
Dear Listers,
First, thank you for the opportunity to discuss this. I have very many initial thoughts but let me begin with the definition of blogging. I think it is important to look at the history of blogging as this will expand the definition of the term beyond just news items. On the ground, many bloggers like myself don't even concern themselves with news. For example, I have a poetry blog that is largely inactive but is still a "LOG" of my previous creative activities.
Wikipedia has outlined what a blog is: https://en.m.wikipedia. org/wiki/Blog
If we are to follow the definition of blogging that is outlined in this bill, does it mean then that blogs which do not deal with news will be exempt? If a blog deals with the history of Kenya, is this still news or not? What about satire based on news items? Parody? Memes?
Regards, Mildred Achoch.
On Wednesday, October 23, 2019, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
Are we worried about the definition of ‘social media platform’ The amendment proposes that for a social media platform to ‘operate’ in Kenya, they must seek a license. To get the license, they will have to comply with some obligations eg having an office in Kenya. On Wed, 23 Oct 2019 at 13:44, Mildred Achoch <mildandred@gmail.com> wrote:
I think posting on Twitter is covered under the term microblogging. My follow up question then is: does this include retweeting or liking someone else's tweet? If someone from another country criticizes a leader in Kenya, then I retweet this 280 character criticism, have I carried out the action of "blogging"?
Regards, Mildred.
On Wednesday, October 23, 2019, kanini mutemi <kaninimutemi@gmail.com> wrote:
@Mildred,
Thanks for starting us off.
Would you say someone posting on Twitter (280 characters) would also fall under the broad definition of blogger? Drawing this from ‘*writing on social media platforms*’
On Wed, 23 Oct 2019 at 13:21, Mildred Achoch <mildandred@gmail.com> wrote:
Dear Listers,
First, thank you for the opportunity to discuss this. I have very many initial thoughts but let me begin with the definition of blogging. I think it is important to look at the history of blogging as this will expand the definition of the term beyond just news items. On the ground, many bloggers like myself don't even concern themselves with news. For example, I have a poetry blog that is largely inactive but is still a "LOG" of my previous creative activities.
Wikipedia has outlined what a blog is: https://en.m.wikipedia.org/wiki/Blog
If we are to follow the definition of blogging that is outlined in this bill, does it mean then that blogs which do not deal with news will be exempt? If a blog deals with the history of Kenya, is this still news or not? What about satire based on news items? Parody? Memes?
Regards, Mildred Achoch.
On Wednesday, October 23, 2019, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
-- *Mercy Mutemi, Advocate*.
I have so much to say about this but let me pick just one train of thought. Youth. How many young people can afford to have an office in Kenya? A quick look at the Kenya Youth Development Policy draft 2 (2018), Chapter 2, outlines youth issues including: (ix) Limited participation in socio-economic spheres and inequality of oopportunities: Despite their numerical superiority, youth are the least represented in political and economic spheres due to societal attitudes, socio-cultural and economic barriers, and lack of proper organization, orientation and empowerment. (x) Limited and poor housing: Many youth, especially those in the urban areas, do not have access to decent housing in environments that favour healthy living. (If young people can't even afford decent housing, how will they afford an office?) (xi) Emerging issues that affect the youth include limited access to information and communication technology (ICT) which constraints youth from exploiting career, business and education opportunities available especially in rural areas, and high ICT access costs and negative use of ICT and social media. Other challenges include: radicalization, gambling, cyber-crime. Regards, Mildred Achoch. On Wednesday, October 23, 2019, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Are we worried about the definition of ‘social media platform’
The amendment proposes that for a social media platform to ‘operate’ in Kenya, they must seek a license. To get the license, they will have to comply with some obligations eg having an office in Kenya.
On Wed, 23 Oct 2019 at 13:44, Mildred Achoch <mildandred@gmail.com> wrote:
I think posting on Twitter is covered under the term microblogging. My follow up question then is: does this include retweeting or liking someone else's tweet? If someone from another country criticizes a leader in Kenya, then I retweet this 280 character criticism, have I carried out the action of "blogging"?
Regards, Mildred.
On Wednesday, October 23, 2019, kanini mutemi <kaninimutemi@gmail.com> wrote:
@Mildred,
Thanks for starting us off.
Would you say someone posting on Twitter (280 characters) would also fall under the broad definition of blogger? Drawing this from ‘*writing on social media platforms*’
On Wed, 23 Oct 2019 at 13:21, Mildred Achoch <mildandred@gmail.com> wrote:
Dear Listers,
First, thank you for the opportunity to discuss this. I have very many initial thoughts but let me begin with the definition of blogging. I think it is important to look at the history of blogging as this will expand the definition of the term beyond just news items. On the ground, many bloggers like myself don't even concern themselves with news. For example, I have a poetry blog that is largely inactive but is still a "LOG" of my previous creative activities.
Wikipedia has outlined what a blog is: https://en.m.wikipedia. org/wiki/Blog
If we are to follow the definition of blogging that is outlined in this bill, does it mean then that blogs which do not deal with news will be exempt? If a blog deals with the history of Kenya, is this still news or not? What about satire based on news items? Parody? Memes?
Regards, Mildred Achoch.
On Wednesday, October 23, 2019, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
-- *Mercy Mutemi, Advocate*.
-- Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
Good morning, I have many thoughts on this but to be honest it is such a bad idea. I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact. In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County <https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-then-pardoned-for-undermining-the-embu-governor/>. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'. The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished. The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution. ----- James Wamathai | CEO, hapakenya.com m: 0777-555101 e: w@hapakenya.com | Twitter: @Wamathai <http://twitter.com/wamathai> Follow Hapa Kenya: *Twitter*: @HapaKenya <http://twitter.com/hapaKenya>, *FB*: fb.com/HapaKenya On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
Thank you for the views- please keep them coming. Let’s also look at this from a Freedom of Expression point of view because at the root of it ‘bloggers’ (and anyone who shares anything online) are expressing themselves. *Is it constitutionally sound to require registration before expression? Think of it as a ‘license to speak’. Is this justifiable in our constitutional framework?* On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) <w@hapakenya.com> wrote:
Good morning,
I have many thoughts on this but to be honest it is such a bad idea.
I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact.
In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County <https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-then-pardoned-for-undermining-the-embu-governor/>. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'.
The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished.
The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution.
-----
James Wamathai | CEO, hapakenya.com
m: 0777-555101 e: w@hapakenya.com | Twitter: @Wamathai <http://twitter.com/wamathai>
Follow Hapa Kenya: *Twitter*: @HapaKenya <http://twitter.com/hapaKenya>, *FB*: fb.com/HapaKenya
On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
-- *Mercy Mutemi, Advocate*.
Hi Mercy, If you read the proposed 84IA. on licensing, one can quickly see thatit is unenforceable legally especially on the indefinite data retention requirements under subsection 2(c). Additionally the whole proposed licensing regime do not provide sufficient details about the conditions for the granting of the license or authorisation. In fact, it is not clear whether the issuing will automatically follow the payment of the fee, or if further conditions have to be met by applicants, and in this case which ones. In other words, the vagueness of the rules might provide authorities with unlimited discretionary power while deciding whether to grant the license or authorisation. As such, the rules also fail to provide content providers with the legal certainty they need to provide their services. Nor do the rules provide for the possibility, for anyone who has been refused a license or authorisation, to apply to the courts for judicial review of the refusal decision. I would also add from our Policy Brief on the Right to Blog which can be found here:- https://www.article19.org/wp-content/uploads/2018/02/Right-to-Blog-EN-WEB.pd... “….licensing and registration schemes for all bloggers, whatever they do, are deeply inimical to protection of the right to freedom of expression and in flagrant breach of international law…..there is no legitimate reason why bloggers – or in fact members of the general public – should be subject to mandatory licensing to express themselves. An important source of legal authority on the subject is an opinion of the Inter-American Court of Human Rights issued in 1985. Most tellingly, the Court dismissed the argument that licensing schemes were necessary to ensure the public’s right to receive truthful information or high standards of publication and found that such systems ultimately prove counterproductive. Similarly, the UN Human Rights Committee has repeatedly held that mandatory licensing schemes for print media constitute a violation of the right to freedom of expression. The UN, OAS and OSCE special mandates for freedom of expression have also stated that individuals should not be required to obtain a licence or register….” --- Best Regards, *Ephraim Percy Kenyanito* Senior Programme Officer: Digital* * *ARTICLE 19* Defending Freedom of Expression and Information W www.article19.org <http://www.article19.org/> Tw @article19org <http://twitter.com/#!/article19org> Fa facebook.com/article19org <http://www.facebook.com/article19org> PGP Fingerprint:B0FA394AF73DEB7AA1FDC7360CFED26DE6BA8DC1 Book a meeting: https://calendly.com/ekenyanito On 10/24/19 11:27 AM, kanini mutemi via kictanet wrote:
Thank you for the views- please keep them coming.
Let’s also look at this from a Freedom of Expression point of view because at the root of it ‘bloggers’ (and anyone who shares anything online) are expressing themselves.
*/Is it constitutionally sound to require registration before expression? Think of it as a ‘license to speak’. Is this justifiable in our constitutional framework?/*
On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) <w@hapakenya.com <mailto:w@hapakenya.com>> wrote:
Good morning,
I have many thoughts on this but to be honest it is such a bad idea.
I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact.
In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County <https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-then-pardoned-for-undermining-the-embu-governor/>. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'.
The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished.
The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution.
-----
James Wamathai | CEO, hapakenya.com <http://hapakenya.com/>
m: 0777-555101e: w@hapakenya.com <mailto:w@hapakenya.com> | Twitter: @Wamathai <http://twitter.com/wamathai>
Follow Hapa Kenya: /Twitter/: @HapaKenya <http://twitter.com/hapaKenya>, /FB/: fb.com/HapaKenya <http://fb.com/HapaKenya>
On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke <mailto:kictanet@lists.kictanet.or.ke>> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*/blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;/* */ /* */"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;/*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
*/ /*
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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.
-- *Mercy Mutemi, Advocate*.
*/ /*
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
My thoughts on this were captured here... WALUBENGO: Bill yet another attempt to censor social media | | | | | | | | | | | WALUBENGO: Bill yet another attempt to censor social media This is the classic definition of sending a chilling effect on online freedoms through draconian social media laws. | | | I hope the bill gets to be DOA...Dead on Arrival. walu On Thursday, October 24, 2019, 11:42:11 AM GMT+3, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote: Thank you for the views- please keep them coming. Let’s also look at this from a Freedom of Expression point of view because at the root of it ‘bloggers’ (and anyone who shares anything online) are expressing themselves. Is it constitutionally sound to require registration before expression? Think of it as a ‘license to speak’. Is this justifiable in our constitutional framework? On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) <w@hapakenya.com> wrote: Good morning, I have many thoughts on this but to be honest it is such a bad idea. I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact. In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'. The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished. The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution. ----- James Wamathai | CEO, hapakenya.com m: 0777-555101 e: w@hapakenya.com | Twitter: @Wamathai Follow Hapa Kenya: Twitter: @HapaKenya, FB: fb.com/HapaKenya On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote: Good morning Listers, As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media. I will lead us on a discussion on this Bill. Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media. To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’: "blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet; "social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets; What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome. -- Mercy Mutemi, Advocate. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/w%40hapakenya.com 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. -- Mercy Mutemi, Advocate. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com 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.
Dear Walu, Mercy et al, all protocols observed, I think we are trying to solve problems that don't exist. The internet value system is based on what is wrong offline is wrong online. We don't need to legislate this since the Internet is a means to an end not an end in itself. Just a tool. Its like banning preachers from using the handheld microphones because they are loud yet we can ask them to use a particular volume. Clearly there is need for capacity building for our members of parliament on emerging issues such as new media. As Prof PLO Lumumba said, we should not respond to a mosquito bite with a hammer. Regards On Thu, 24 Oct 2019, 6:59 pm Walubengo J via kictanet, < kictanet@lists.kictanet.or.ke> wrote:
My thoughts on this were captured here...
WALUBENGO: Bill yet another attempt to censor social media <https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
WALUBENGO: Bill yet another attempt to censor social media
This is the classic definition of sending a chilling effect on online freedoms through draconian social media laws.
<https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
I hope the bill gets to be DOA...Dead on Arrival.
walu On Thursday, October 24, 2019, 11:42:11 AM GMT+3, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thank you for the views- please keep them coming.
Let’s also look at this from a Freedom of Expression point of view because at the root of it ‘bloggers’ (and anyone who shares anything online) are expressing themselves.
*Is it constitutionally sound to require registration before expression? Think of it as a ‘license to speak’. Is this justifiable in our constitutional framework?*
On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) <w@hapakenya.com> wrote:
Good morning,
I have many thoughts on this but to be honest it is such a bad idea.
I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact.
In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County <https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-then-pardoned-for-undermining-the-embu-governor/>. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'.
The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished.
The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution.
-----
James Wamathai | CEO, hapakenya.com
m: 0777-555101 e: w@hapakenya.com | Twitter: @Wamathai <http://twitter.com/wamathai>
Follow Hapa Kenya: *Twitter*: @HapaKenya <http://twitter.com/hapaKenya>, *FB*: fb.com/HapaKenya
On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/w%40hapakenya.com
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.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail...
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.
Barrack :-) I like the way you quoted PLO (The Shakespear of our times... no pun intended) However, I think the analogy of mosquito being referenced on the legislators noises... I think it is more like an AirBus with a busted exhaust pipe! We need to respond not by putting on ear muffs rather we need to get up and make sure the Airbus's exhaust is repaired the *noise* is TOO LOUD to be ignored. I concur with Alice's suggestion on capacity building through public participation however I would also say that these funds for capacity building should be directed for that capacity building of *Wanjiku*. Why am I specific on *Wanjiku*? if the doors were to be opened for this fund to be used for capacity building of our *waheshimiwas*... there will be many Naivasha, Malindi etc retreats for such and the purpose of the whole thing will be lost. I mean no disrespect on this rather what we need is to nip the source of the problem... the angry un-informed Wanjiku venting out frustrations through social media. It aint gonna happen overnight, *Wanjiku *is angry and without mellowing down this anger with knowledge we will see her being hit more by the same people who made her angry! *Capacity build Wanjiku! Don't gag her Muheshimiwa Injendi!* On Thu, Oct 24, 2019 at 9:52 PM Barrack Otieno via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Walu, Mercy et al, all protocols observed,
I think we are trying to solve problems that don't exist. The internet value system is based on what is wrong offline is wrong online. We don't need to legislate this since the Internet is a means to an end not an end in itself. Just a tool. Its like banning preachers from using the handheld microphones because they are loud yet we can ask them to use a particular volume. Clearly there is need for capacity building for our members of parliament on emerging issues such as new media. As Prof PLO Lumumba said, we should not respond to a mosquito bite with a hammer.
Regards
On Thu, 24 Oct 2019, 6:59 pm Walubengo J via kictanet, < kictanet@lists.kictanet.or.ke> wrote:
My thoughts on this were captured here...
WALUBENGO: Bill yet another attempt to censor social media <https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
WALUBENGO: Bill yet another attempt to censor social media
This is the classic definition of sending a chilling effect on online freedoms through draconian social media laws.
<https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
I hope the bill gets to be DOA...Dead on Arrival.
walu On Thursday, October 24, 2019, 11:42:11 AM GMT+3, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thank you for the views- please keep them coming.
Let’s also look at this from a Freedom of Expression point of view because at the root of it ‘bloggers’ (and anyone who shares anything online) are expressing themselves.
*Is it constitutionally sound to require registration before expression? Think of it as a ‘license to speak’. Is this justifiable in our constitutional framework?*
On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) <w@hapakenya.com> wrote:
Good morning,
I have many thoughts on this but to be honest it is such a bad idea.
I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact.
In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County <https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-then-pardoned-for-undermining-the-embu-governor/>. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'.
The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished.
The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution.
-----
James Wamathai | CEO, hapakenya.com
m: 0777-555101 e: w@hapakenya.com | Twitter: @Wamathai <http://twitter.com/wamathai>
Follow Hapa Kenya: *Twitter*: @HapaKenya <http://twitter.com/hapaKenya>, *FB*: fb.com/HapaKenya
On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/w%40hapakenya.com
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.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
[image: Mailtrack] <https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=signaturevirality5&> Sender notified by Mailtrack <https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=signaturevirality5&> 10/24/19, 11:15:41 PM
Hi Kanini and all of the listers I think the underlying issues here is a lack of knowledge from our leaders on how social media works and the benefits it has on society. It seems more on an attempt by them to settle personal scores and particularly as it now appears they are all on the 2022 train am seeing some mischief here. This is also perhaps best seen in the recent article that I wrote regarding how public figures use social media and their blocking sprees. https://www.kictanet.or.ke/?p=40802 Maybe it has downed on them that you can not do this everytime someone disagrees with you thus the need to come up with more elaborate ways like this social media regulations. I think their is need of institutions like Kenya School of Government to conduct trainings to our leaders regarding social media and just technology in general. On Thu, 24 Oct 2019, 23:31 Twahir Hussein Kassim via kictanet, < kictanet@lists.kictanet.or.ke> wrote:
Barrack :-)
I like the way you quoted PLO (The Shakespear of our times... no pun intended)
However, I think the analogy of mosquito being referenced on the legislators noises... I think it is more like an AirBus with a busted exhaust pipe! We need to respond not by putting on ear muffs rather we need to get up and make sure the Airbus's exhaust is repaired the *noise* is TOO LOUD to be ignored.
I concur with Alice's suggestion on capacity building through public participation however I would also say that these funds for capacity building should be directed for that capacity building of *Wanjiku*. Why am I specific on *Wanjiku*? if the doors were to be opened for this fund to be used for capacity building of our *waheshimiwas*... there will be many Naivasha, Malindi etc retreats for such and the purpose of the whole thing will be lost. I mean no disrespect on this rather what we need is to nip the source of the problem... the angry un-informed Wanjiku venting out frustrations through social media. It aint gonna happen overnight, *Wanjiku *is angry and without mellowing down this anger with knowledge we will see her being hit more by the same people who made her angry!
*Capacity build Wanjiku! Don't gag her Muheshimiwa Injendi!*
On Thu, Oct 24, 2019 at 9:52 PM Barrack Otieno via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Walu, Mercy et al, all protocols observed,
I think we are trying to solve problems that don't exist. The internet value system is based on what is wrong offline is wrong online. We don't need to legislate this since the Internet is a means to an end not an end in itself. Just a tool. Its like banning preachers from using the handheld microphones because they are loud yet we can ask them to use a particular volume. Clearly there is need for capacity building for our members of parliament on emerging issues such as new media. As Prof PLO Lumumba said, we should not respond to a mosquito bite with a hammer.
Regards
On Thu, 24 Oct 2019, 6:59 pm Walubengo J via kictanet, < kictanet@lists.kictanet.or.ke> wrote:
My thoughts on this were captured here...
WALUBENGO: Bill yet another attempt to censor social media <https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
WALUBENGO: Bill yet another attempt to censor social media
This is the classic definition of sending a chilling effect on online freedoms through draconian social media laws.
<https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
I hope the bill gets to be DOA...Dead on Arrival.
walu On Thursday, October 24, 2019, 11:42:11 AM GMT+3, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thank you for the views- please keep them coming.
Let’s also look at this from a Freedom of Expression point of view because at the root of it ‘bloggers’ (and anyone who shares anything online) are expressing themselves.
*Is it constitutionally sound to require registration before expression? Think of it as a ‘license to speak’. Is this justifiable in our constitutional framework?*
On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) <w@hapakenya.com> wrote:
Good morning,
I have many thoughts on this but to be honest it is such a bad idea.
I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact.
In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County <https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-then-pardoned-for-undermining-the-embu-governor/>. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'.
The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished.
The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution.
-----
James Wamathai | CEO, hapakenya.com
m: 0777-555101 e: w@hapakenya.com | Twitter: @Wamathai <http://twitter.com/wamathai>
Follow Hapa Kenya: *Twitter*: @HapaKenya <http://twitter.com/hapaKenya> , *FB*: fb.com/HapaKenya
On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
[image: Mailtrack] <https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=signaturevirality5&> Sender notified by Mailtrack <https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=signaturevirality5&> 10/24/19, 11:15:41 PM _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
Dear listers Coming in a bit late to this discussion, and largely as a silent observer, I hope my observations are not too late. My view is that the licensing and registration requirements are ways to muzzle the public, prevent people from expressing themselves freely; largely with an aim to keep criticism of leaders at bay and ultimately an attempt to clampdown on the rights and freedoms guaranteed in Articles 31-37 of the C on freedom of expression, access to information, press freedom, freedom of assembly (in terms of groups etc), freedom of association. 1. Narrow definition of what a blog is, confusing it with news, when the universal definition of a blog is a weblog or a log of written material posted on a website. 2. It leaves out platforms like Twitter which is considered microblogging, which is vague and can easily land one in problems. 3. License to social media platforms to operate in Kenya- What does this mean? Is it the companies or is it about individuals using the platforms? And how practical is this? a. If it is about the companies what obligations are there besides paying a license fee? If it is about raising revenues then perhaps should a debate on taxing the companies be. Or will we end up with alternatives that create a China wall like China’s alternatives such as Baidu for Google, Sina Weibo for Twitter or WeChat for Facebook? b. If it is about users, will individuals now be required to get a license to use social media? Do people now have to get a permit to talk to and connect with family and friends or to express themselves publicly? 3. Registration of bloggers- let’s say that blogging is like letters to the editor or opinion pieces in a paper. Do people register to share their opinion? 4. What about data retention? Is this going to be like Tanzania's case where cybercafe operators are now required to retain data in their servers for a year? Where does that leave the right to privacy? Al in all, it is a shame for Kenya to be replicating the worst practices of its repressive neighbours when it has been the leader in the the region. Best Beryl Aidi On Fri, Oct 25, 2019 at 10:32 AM tevin mwenda via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Hi Kanini and all of the listers
I think the underlying issues here is a lack of knowledge from our leaders on how social media works and the benefits it has on society. It seems more on an attempt by them to settle personal scores and particularly as it now appears they are all on the 2022 train am seeing some mischief here.
This is also perhaps best seen in the recent article that I wrote regarding how public figures use social media and their blocking sprees. https://www.kictanet.or.ke/?p=40802 Maybe it has downed on them that you can not do this everytime someone disagrees with you thus the need to come up with more elaborate ways like this social media regulations.
I think their is need of institutions like Kenya School of Government to conduct trainings to our leaders regarding social media and just technology in general.
On Thu, 24 Oct 2019, 23:31 Twahir Hussein Kassim via kictanet, < kictanet@lists.kictanet.or.ke> wrote:
Barrack :-)
I like the way you quoted PLO (The Shakespear of our times... no pun intended)
However, I think the analogy of mosquito being referenced on the legislators noises... I think it is more like an AirBus with a busted exhaust pipe! We need to respond not by putting on ear muffs rather we need to get up and make sure the Airbus's exhaust is repaired the *noise* is TOO LOUD to be ignored.
I concur with Alice's suggestion on capacity building through public participation however I would also say that these funds for capacity building should be directed for that capacity building of *Wanjiku*. Why am I specific on *Wanjiku*? if the doors were to be opened for this fund to be used for capacity building of our *waheshimiwas*... there will be many Naivasha, Malindi etc retreats for such and the purpose of the whole thing will be lost. I mean no disrespect on this rather what we need is to nip the source of the problem... the angry un-informed Wanjiku venting out frustrations through social media. It aint gonna happen overnight, *Wanjiku *is angry and without mellowing down this anger with knowledge we will see her being hit more by the same people who made her angry!
*Capacity build Wanjiku! Don't gag her Muheshimiwa Injendi!*
On Thu, Oct 24, 2019 at 9:52 PM Barrack Otieno via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Walu, Mercy et al, all protocols observed,
I think we are trying to solve problems that don't exist. The internet value system is based on what is wrong offline is wrong online. We don't need to legislate this since the Internet is a means to an end not an end in itself. Just a tool. Its like banning preachers from using the handheld microphones because they are loud yet we can ask them to use a particular volume. Clearly there is need for capacity building for our members of parliament on emerging issues such as new media. As Prof PLO Lumumba said, we should not respond to a mosquito bite with a hammer.
Regards
On Thu, 24 Oct 2019, 6:59 pm Walubengo J via kictanet, < kictanet@lists.kictanet.or.ke> wrote:
My thoughts on this were captured here...
WALUBENGO: Bill yet another attempt to censor social media <https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
WALUBENGO: Bill yet another attempt to censor social media
This is the classic definition of sending a chilling effect on online freedoms through draconian social media laws.
<https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/index.html>
I hope the bill gets to be DOA...Dead on Arrival.
walu On Thursday, October 24, 2019, 11:42:11 AM GMT+3, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thank you for the views- please keep them coming.
Let’s also look at this from a Freedom of Expression point of view because at the root of it ‘bloggers’ (and anyone who shares anything online) are expressing themselves.
*Is it constitutionally sound to require registration before expression? Think of it as a ‘license to speak’. Is this justifiable in our constitutional framework?*
On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) <w@hapakenya.com> wrote:
Good morning,
I have many thoughts on this but to be honest it is such a bad idea.
I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact.
In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County <https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-then-pardoned-for-undermining-the-embu-governor/>. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'.
The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished.
The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution.
-----
James Wamathai | CEO, hapakenya.com
m: 0777-555101 e: w@hapakenya.com | Twitter: @Wamathai <http://twitter.com/wamathai>
Follow Hapa Kenya: *Twitter*: @HapaKenya <http://twitter.com/hapaKenya> , *FB*: fb.com/HapaKenya
On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning Listers,
As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media.
I will lead us on a discussion on this Bill.
Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media.
To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’:
"*blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;*
*"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;*
What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/w%40hapakenya.com
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.
-- *Mercy Mutemi, Advocate*.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail...
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
[image: Mailtrack] <https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=signaturevirality5&> Sender notified by Mailtrack <https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=signaturevirality5&> 10/24/19, 11:15:41 PM _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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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.
-- Beryl *********************************************** Darkness cannot put out the Light. It can only make God brighter. —Author Unknown.
Good points Beryl Best regards Barrack Otieno On Friday, 25-10-2019 at 16:04 Beryl Aidi via kictanet wrote: Dear listersComing in a bit late to this discussion, and largely as a silent observer, I hope my observations are not too late. My view is that the licensing and registration requirements are ways to muzzle the public, prevent people from expressing themselves freely; largely with an aim to keep criticism of leaders at bay and ultimately an attempt to clampdown on the rights and freedoms guaranteed in Articles 31-37 of the C on freedom of expression, access to information, press freedom, freedom of assembly (in terms of groups etc), freedom of association. 1. Narrow definition of what a blog is, confusing it with news, when the universal definition of a blog is a weblog or a log of written material posted on a website. 2. It leaves out platforms like Twitter which is considered microblogging, which is vague and can easily land one in problems. 3. License to social media platforms to operate in Kenya- What does this mean? Is it the companies or is it about individuals using the platforms? And how practical is this? a. If it is about the companies what obligations are there besides paying a license fee? If it is about raising revenues then perhaps should a debate on taxing the companies be. Or will we end up with alternatives that create a China wall like China’s alternatives such as Baidu for Google, Sina Weibo for Twitter or WeChat for Facebook? b. If it is about users, will individuals now be required to get a license to use social media? Do people now have to get a permit to talk to and connect with family and friends or to express themselves publicly? 3. Registration of bloggers- let’s say that blogging is like letters to the editor or opinion pieces in a paper. Do people register to share their opinion? 4. What about data retention? Is this going to be like Tanzania's case where cybercafe operators are now required to retain data in their servers for a year? Where does that leave the right to privacy? Al in all, it is a shame for Kenya to be replicating the worst practices of its repressive neighbours when it has been the leader in the the region. Best Beryl Aidi On Fri, Oct 25, 2019 at 10:32 AM tevin mwenda via kictanet wrote: Hi Kanini and all of the listers I think the underlying issues here is a lack of knowledge from our leaders on how social media works and the benefits it has on society. It seems more on an attempt by them to settle personal scores and particularly as it now appears they are all on the 2022 train am seeing some mischief here. This is also perhaps best seen in the recent article that I wrote regarding how public figures use social media and their blocking sprees. https://www.kictanet.or.ke/?p=40802 Maybe it has downed on them that you can not do this everytime someone disagrees with you thus the need to come up with more elaborate ways like this social media regulations. I think their is need of institutions like Kenya School of Government to conduct trainings to our leaders regarding social media and just technology in general. On Thu, 24 Oct 2019, 23:31 Twahir Hussein Kassim via kictanet, wrote: Barrack :-) I like the way you quoted PLO (The Shakespear of our times... no pun intended) However, I think the analogy of mosquito being referenced on the legislators noises... I think it is more like an AirBus with a busted exhaust pipe! We need to respond not by putting on ear muffs rather we need to get up and make sure the Airbus's exhaust is repaired the _noise_ is TOO LOUD to be ignored. I concur with Alice's suggestion on capacity building through public participation however I would also say that these funds for capacity building should be directed for that capacity building of _Wanjiku_. Why am I specific on _Wanjiku_? if the doors were to be opened for this fund to be used for capacity building of our _waheshimiwas_... there will be many Naivasha, Malindi etc retreats for such and the purpose of the whole thing will be lost. I mean no disrespect on this rather what we need is to nip the source of the problem... the angry un-informed Wanjiku venting out frustrations through social media. It aint gonna happen overnight, _Wanjiku _is angry and without mellowing down this anger with knowledge we will see her being hit more by the same people who made her angry! _Capacity build Wanjiku! Don't gag her Muheshimiwa Injendi!_ On Thu, Oct 24, 2019 at 9:52 PM Barrack Otieno via kictanet wrote: Dear Walu, Mercy et al, all protocols observed, I think we are trying to solve problems that don't exist. The internet value system is based on what is wrong offline is wrong online. We don't need to legislate this since the Internet is a means to an end not an end in itself. Just a tool. Its like banning preachers from using the handheld microphones because they are loud yet we can ask them to use a particular volume. Clearly there is need for capacity building for our members of parliament on emerging issues such as new media. As Prof PLO Lumumba said, we should not respond to a mosquito bite with a hammer. Regards On Thu, 24 Oct 2019, 6:59 pm Walubengo J via kictanet, wrote: My thoughts on this were captured here... WALUBENGO: Bill yet another attempt to censor social media [1] WALUBENGO: Bill yet another attempt to censor social mediaThis is the classic definition of sending a chilling effect on online freedoms through draconian social media laws. [1] I hope the bill gets to be DOA...Dead on Arrival. walu On Thursday, October 24, 2019, 11:42:11 AM GMT+3, kanini mutemi via kictanet wrote: Thank you for the views- please keep them coming. Let’s also look at this from a Freedom of Expression point of view because at the root of it ‘bloggers’ (and anyone who shares anything online) are expressing themselves. _Is it constitutionally sound to require registration before expression? Think of it as a ‘license to speak’. Is this justifiable in our constitutional framework?_ On Thu, 24 Oct 2019 at 11:20, Wamathai (HapaKenya) wrote: Good morning, I have many thoughts on this but to be honest it is such a bad idea. I see this bill as the continuation of attempts to muzzle free speech and freedom of the media online that was initially started by the state. In the past, there was a reliance on existing vague laws but some of them have been declared unconstitutional hence the change of tact. In the past, this kind of intimidation has primarily targeted influencers and bloggers but also ordinary online users have been targeted. To be targeted, all they do is just brand you a blogger, a loose term used by politicians & the media to refer to online users (and not just organized online content creators). In 2015, Nancy Mbindillah was arrested in Embu for 'insulting' the Governor. She was basically arrested for expressing her opinion on various operations in the County [2]. I fear that this law will be used to target anyone who shares uncomfortable opinions or facts under the banner of 'undesirable content'. The attempts to license organized online content creators (we can call them bloggers and influencers) is a regional trend with Tanzania charging $930 and Uganda having proposed regulations on the same. The basic idea, like in Kenya with this new bill, is to create an environment where free speech is punished and those who haven't registered under the regulations are also punished. The long term effects of this law is disastrous to free discourse and if you bring in the online media element, freedom of the media as well. In my opinion, as an online content creator and an official of the Bloggers Association of Kenya (BAKE), this law should not be allowed as it goes against fundamental freedoms and rights as guaranteed by the constitution. ----- James Wamathai | CEO, hapakenya.com [3] m: 0777-555101 e: w@hapakenya.com | Twitter: @Wamathai [4] Follow Hapa Kenya: _Twitter_: @HapaKenya [5], _FB_: fb.com/HapaKenya [6] On Wed, 23 Oct 2019 at 12:15, kanini mutemi via kictanet wrote: Good morning Listers, As GG had alerted us last week, there is a bill before the National Assembly that seeks to amend the Kenya Information and Communication Act by including a part on Regulation of Social Media. I will lead us on a discussion on this Bill. Between 2016 to date, we have seen many attempts to regulate social media conduct. Interestingly, one such attempt, the Computer Misuse and Cybercrimes Act, where many of its sections on regulation of social media, have been suspended is coming up for hearing today. Now we tackle yet another attempt to ‘fix’ social media. To start with, I will post the definitions proposed in the bill of the word ‘social media platform’ and ‘blogging’: "_blogging" means collecting, writing, editing and presenting of news or news articles in social media platforms or in the internet;_ _"social media platforms" includes online publishing and discussion, media sharing, blogging, social networking, document and data sharing repositories, social media applications, social bookmarking and widgets;_ What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to fix with this bill? Who will fall under those definitions? Contributions are welcome. -- Mercy Mutemi, Advocate. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/w%40hapakenya.com 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. -- Mercy Mutemi, Advocate. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail... 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/twahir%40hussein.me.ke 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. [7] Sender notified by Mailtrack [7] 10/24/19, 11:15:41 PM _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/tevinmwenda%40gmail.co... 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. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/bee.aidi%40gmail.com 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. -- Beryl *********************************************** Darkness cannot put out the Light. It can only make God brighter. —Author Unknown. Links: ------ [1] https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-5295266-12t0o7f/i... [2] https://www.ifree.co.ke/2015/01/24-year-old-nancy-mbindalah-held-in-custody-... [3] http://hapakenya.com/ [4] http://twitter.com/wamathai [5] http://twitter.com/hapaKenya [6] http://fb.com/HapaKenya [7] https://mailtrack.io?utm_source=gmail&utm_medium=signature&utm_campaign=signaturevirality5&
participants (11)
-
Barrack Otieno -
Barrack Otieno -
Beryl Aidi -
Bitange Ndemo -
Ephraim Percy Kenyanito -
kanini mutemi -
Mildred Achoch -
tevin mwenda -
Twahir Hussein Kassim -
Walubengo J -
Wamathai (HapaKenya)