Re: [kictanet] BAKE condemns the arrest and intimidation of Kenyans online
Hi Waithaka, The MCK Act in Section 10 of the Second Schedule provides for Obscenity, taste and tone in reporting: (1) In general, persons subject to this Act shall not publish obscene or vulgar material unless such material contains a news. (2) Publication of photographs showing mutilated bodies, bloody incidents and abhorrent scenes shall be avoided unless the publication or broadcast of such photographs will serve the public interest. (3) Where possible an alert shall be issued to warn viewers or readers of the information being published. Regards, Riva From: "KICTAnet ICT Policy Discussions" <[email protected]> To: [email protected] Cc: "Waithaka Ngigi" <[email protected]>, [email protected], "Jane Muthoni" <[email protected]>, "Nani Jansen" <[email protected]>, [email protected], "Donald Deya" <[email protected]> Sent: Tuesday, January 26, 2016 8:14:39 AM Subject: Re: [kictanet] BAKE condemns the arrest and intimidation of Kenyans online Mwendwa, *IF* there's no such law, then there ought to be such a law. Waithaka Ngigi Alliance Technologies www.at.co.ke From: Mwendwa Kivuva Sent: Tuesday, January 26, 2016 6:17 AM To: KICTAnet ICT Policy Discussions Cc: [email protected]; Jane Muthoni; Donald Deya; [email protected]; Waithaka Ngigi; [email protected] Subject: Re: [kictanet] BAKE condemns the arrest and intimidation of Kenyans online On Jan 25, 2016 3:11 PM, "Waithaka Ngigi via kictanet" < [email protected] > wrote:
Hi,
Would like to ask, but don't those laws have a role to play in limiting propagation of offensive media?
If anyone is arrested for sharing on social media, grossly photos of our dead soldiers; soldiers who are our brothers, sisters, husbands, wives, sons & daughters, then the fine and prison terms should be tripled from what they are as per the current law.
Hi Ngigi, There is no such law. When when CORD, Article 19, and KNHRC challenged the constitutionality of the Security Laws Ammendment act 2014, the court ruled that it's unconstitutional to prosecute anybody for sharing photos, or any information that may jeopardise the security organ's operations. The media was urged to be responsible and self regulate, but it's not criminal to share such information. This one is done and dusted. There is no way a competent court in Kenya will prosecute anybody for sharing such information. Yesterday the police could not find grounds to prosecute Yasin Juma. The only provisions that stood in 2014 where those on surveillance; monitoring and interception of communication. The prohibition on the publication or broadcast of images of dead or injured people, which are “likely to cause fear and alarm in the general public, or disturb the peace”, was disproportionate. The Court found that there was no rational connection between the limitation on publication and the fight against terrorism.The Court further agreed that the criminalisation of the publication or broadcast of information ‘which undermines investigations or security operations” by the national police and defense forces would have a chilling effect on freedom of expression. The Court held that the effect of the prohibition would amount to “a blanket ban on publication of any security-related information without consulting the National Police Service”. And Nkaiseri and his ilk should be prosecuted for mistreating and harassing Kenyans. We should not live in fear, nor play into the hands and strategies of the enemy, Alshabab. _______________________________________________ kictanet mailing list [email protected] https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/riva%40article19.org The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
Hi, And do those laws also apply to individuals or only to organisations affiliated to Media Council of Kenya? Rgds On Tue, Jan 26, 2016 at 2:58 PM, <[email protected]> wrote:
Hi Waithaka,
The MCK Act in Section 10 of the Second Schedule provides for Obscenity, taste and tone in reporting:
(1) In general, persons subject to this Act shall not publish obscene or vulgar material unless such material contains a news. (2) Publication of photographs showing mutilated bodies, bloody incidents and abhorrent scenes shall be avoided unless the publication or broadcast of such photographs will serve the public interest. (3) Where possible an alert shall be issued to warn viewers or readers of the information being published.
Regards,
Riva ------------------------------ *From: *"KICTAnet ICT Policy Discussions" <[email protected]> *To: *[email protected] *Cc: *"Waithaka Ngigi" <[email protected]>, [email protected], "Jane Muthoni" <[email protected]>, "Nani Jansen" <[email protected]>, [email protected], "Donald Deya" <[email protected]> *Sent: *Tuesday, January 26, 2016 8:14:39 AM *Subject: *Re: [kictanet] BAKE condemns the arrest and intimidation of Kenyans online
Mwendwa,
*IF* there's no such law, then there ought to be such a law.
Waithaka Ngigi
Alliance Technologies www.at.co.ke *From: *Mwendwa Kivuva *Sent: *Tuesday, January 26, 2016 6:17 AM *To: *KICTAnet ICT Policy Discussions *Cc: *[email protected]; Jane Muthoni; Donald Deya; [email protected]; Waithaka Ngigi; [email protected] *Subject: *Re: [kictanet] BAKE condemns the arrest and intimidation of Kenyans online
On Jan 25, 2016 3:11 PM, "Waithaka Ngigi via kictanet" < [email protected]> wrote:
Hi,
Would like to ask, but don't those laws have a role to play in limiting
propagation of offensive media?
If anyone is arrested for sharing on social media, grossly photos of our
dead soldiers; soldiers who are our brothers, sisters, husbands, wives, sons & daughters, then the fine and prison terms should be tripled from what they are as per the current law.
Hi Ngigi,
There is no such law.
When when CORD, Article 19, and KNHRC challenged the constitutionality of the Security Laws Ammendment act 2014, the court ruled that it's unconstitutional to prosecute anybody for sharing photos, or any information that may jeopardise the security organ's operations. The media was urged to be responsible and self regulate, but it's not criminal to share such information. This one is done and dusted. There is no way a competent court in Kenya will prosecute anybody for sharing such information. Yesterday the police could not find grounds to prosecute Yasin Juma.
The only provisions that stood in 2014 where those on surveillance; monitoring and interception of communication.
The prohibition on the publication or broadcast of images of dead or injured people, which are “likely to cause fear and alarm in the general public, or disturb the peace”, was disproportionate. The Court found that there was no rational connection between the limitation on publication and the fight against terrorism.The Court further agreed that the criminalisation of the publication or broadcast of information ‘which undermines investigations or security operations” by the national police and defense forces would have a chilling effect on freedom of expression. The Court held that the effect of the prohibition would amount to “a blanket ban on publication of any security-related information without consulting the National Police Service”.
And Nkaiseri and his ilk should be prosecuted for mistreating and harassing Kenyans. We should not live in fear, nor play into the hands and strategies of the enemy, Alshabab.
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Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/riva%40article19.org
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- *Regards,* *Wait**haka Ngigi* Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod Building T +254 20 525 0750 |Office Mobile: +254 716 201061 | M +254 737 811 000 www.at.co.ke
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