Getrude, Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation that can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as the guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best, On 28 Jun 2017 04:36, "gertrude matata via kictanet" < kictanet@lists.kictanet.or.ke> wrote:

Dear Members,

This is indeed a very interesting discussion. I was wondering, could we have a working definition of FAKE NEWS.

In addition, what is the fake news test to apply even for those who wish to kill it

Kind Regards

Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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------------------------------ *From:* Diacen Ndiaga via kictanet <kictanet@lists.kictanet.or.ke> *To:* gertrudematata@yahoo.com *Cc:* Diacen Ndiaga <dndiaga@kcaa.or.ke> *Sent:* Wednesday, June 28, 2017 9:11 AM *Subject:* Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the main media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

------------------------------ *From: *"KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> *To: *"Diacen Ndiaga" <dndiaga@kcaa.or.ke> *Cc: *"kanini mutemi" <kaninimutemi@gmail.com> *Sent: *Wednesday, June 28, 2017 6:59:06 AM *Subject: *[kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers,

Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on *Fake News* especially during the electioneering period.

We would like to hear your perspectives on:

(a)Is Fake News a problem for Kenya?

(b) Companies such as Cambridge Analytica <https://cambridgeanalytica.org/> have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections?

(c) Should internet intermediaries filter Fake News from their platforms?

(d) Should Fake News be banned?

The discussion is open.

-- *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.

(a)Is Fake News a problem for Kenya? It depends. Yes and No. (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections? Internet companies through algorithms have thrived on giving you more of what you 'want'. People should learn to conduct due diligence. (c) Should internet intermediaries filter Fake News from their platforms? Nope. That will amount to policing the internet (d) Should Fake News be banned? No. Suggestions have been made world over on the ideal remedy for this menace but in democracies, it is hard because it goes against the principles of free speech. The Canadian Supreme Court has held in a case to strike down a false news provision of law that the provision was contrary to the constitutional freedom of expression. “The reality is that when the matter is one on which the majority of the public has settled views, opinions may, for all practical purposes, be treated as an expression of a ‘false fact,” the Learned Justices of the Court said. In Kenya, the law limits the right to freedom of expression to the extent that one is not allowed to spread propaganda for war, incite people to violence, hate speech and advocate for ethnic hate. These limitations also apply to the media according to Article 34. The same constitutional provision also provides for the establishment of the Media Council of Kenya. One of the roles the drafters of the Constitution envisioned this body to play is setting media standards while regulating and monitoring their compliance. It is with this powers that are expounded on in the Media Act that the Council accredits journalists while requiring them to follow the Code of Conduct for the Practice of Journalism. While the standards on accuracy, integrity and accountability apply to journalists; these standards do not apply to bloggers. Hence they cannot be held to have breached the Code when they post fake news online. From the angle of defamation laws, some of these stories are not defamatory. Neither do they constitute a breach of Article 33(2). For example the many speeches attributed to Presidents Robert Mugabe and Donald Trump about Kenyans and corruption. If they were to be counter checked against the elements of defamation, they will fail. The statement might be false but not damaging per se, hence not warranting a suit for damages. Some of the sites are not even within the Kenyan jurisdiction and no claim of damage may be sustained against them http://monyango.com/index.php/2017/05/15/fake-news-the-battle-for-clicks/ On 28/06/2017, gertrude matata via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Thanks Grace, I  confess I  miss reading everything, I must have missed your  post earlier on sorry. Your comments were very valid. Regards GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Grace Mutung'u <nmutungu@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>; gertrude matata <gertrudematata@yahoo.com> Sent: Wednesday, June 28, 2017 11:46 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Getrude,Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation that can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as the guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best,

On 28 Jun 2017 04:36, "gertrude matata via kictanet" <kictanet@lists.kictanet.or.ke> wrote:

Dear Members, This is indeed a very interesting  discussion.I was wondering, could we have a working definition of  FAKE NEWS. In addition, what is the fake news test to apply even for those who wish to  kill it Kind Regards

 Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729- 556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Diacen Ndiaga via kictanet <kictanet@lists.kictanet.or.ke > To: gertrudematata@yahoo.com Cc: Diacen Ndiaga <dndiaga@kcaa.or.ke> Sent: Wednesday, June 28, 2017 9:11 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the main media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

From: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke > To: "Diacen Ndiaga" <dndiaga@kcaa.or.ke> Cc: "kanini mutemi" <kaninimutemi@gmail.com> Sent: Wednesday, June 28, 2017 6:59:06 AM Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers, Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on Fake News especially during the electioneering period. We would like to hear your perspectives on: (a)Is Fake News a problem for Kenya? (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections? (c) Should internet intermediaries filter Fake News from their platforms? (d) Should Fake News be banned? The discussion is open. -- Mercy Mutemi, Advocate.

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KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. ______________________________ _________________ 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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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.

-- Francis Monyango Lawyer | ICT Policy and Legal Consultant www.monyango.com 0726792792

Dear all, Interesting and timely discussion. A fake news website might publish a hoax, then because it's getting social attention another site might pick it up, write that story as though it's true and may not link back to the original fake news website.

From there it's a chain reaction until at some point a journalist at a largely credible outlet might see it and quickly write something up, because many journalists are trying to write as many stories as possible and write stories that get traffic and social attention.

The incentive is towards producing more and checking less. The incentive amongst journalists especially should focus on validating their sources. Joash Moitui [image: https://]about.me/jmoitui <https://mailtrack.io/trace/link/2fcdb34736c78d1207ef28080780b14e524cf5a8?url=https%3A%2F%2Fabout.me%2Fjmoitui%3Fpromo%3Demail_sig%26utm_source%3Dproduct%26utm_medium%3Demail_sig%26utm_campaign%3Dgmail_api&userId=521787&signature=730a8a8c00b41699> On Wed, Jun 28, 2017 at 3:05 PM, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Really interesting perspectives so far:

@Diacen I like that- 'fake News is NEWS'. Just to follow up, does Fake News do any damage? Is there a reason to step in and regulate Fake News.

@Gertrude I think one of the key things that is coming out clearly about Fake News is it being DISINFORMATION as opposed to MISINFORMATION. I wonder whether such instances are as rampant here as was seen in the US Elections.

@Barrack that's a fresh perspective on upholding traditional tenets of Journalism as a counter for Fake News. However, given that a lot of Fake News is peddled over social media and that Fake News is more sensational (Hot! so to speak) will this be effective in slowing down the spread of Fake News?

@Grace, given @Barrack's observation that Fake News is now a cash cow, why then discourage the propagation of Fake News? What is the harm?

@Francis, I like that you throw the ball back to the consumers- due diligence. I see a concern here however, Fake News based on psychographic analysis targets a particular demographic who are gullible and will readily believe alternative facts to build on their pre conceived notions. They themselves may never know they are consuming Fake News. What about that group of people?

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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.

On Wed, Jun 28, 2017 at 1:27 PM, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

(a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections?

Internet companies through algorithms have thrived on giving you more of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this menace but in democracies, it is hard because it goes against the principles of free speech. The Canadian Supreme Court has held in a case to strike down a false news provision of law that the provision was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of the public has settled views, opinions may, for all practical purposes, be treated as an expression of a ‘false fact,” the Learned Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the extent that one is not allowed to spread propaganda for war, incite people to violence, hate speech and advocate for ethnic hate. These limitations also apply to the media according to Article 34. The same constitutional provision also provides for the establishment of the Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body to play is setting media standards while regulating and monitoring their compliance. It is with this powers that are expounded on in the Media Act that the Council accredits journalists while requiring them to follow the Code of Conduct for the Practice of Journalism. While the standards on accuracy, integrity and accountability apply to journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post fake news online. From the angle of defamation laws, some of these stories are not defamatory. Neither do they constitute a breach of Article 33(2). For example the many speeches attributed to Presidents Robert Mugabe and Donald Trump about Kenyans and corruption. If they were to be counter checked against the elements of defamation, they will fail. The statement might be false but not damaging per se, hence not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no claim of damage may be sustained against them

http://monyango.com/index.php/2017/05/15/fake-news-the-battle-for-clicks/ <https://mailtrack.io/trace/link/ef71f5151cd5da425984beecea66ce463c71cbb1?url=http%3A%2F%2Fmonyango.com%2Findex.php%2F2017%2F05%2F15%2Ffake-news-the-battle-for-clicks%2F&userId=521787&signature=cf6a60d015e47dcd>

...

Thanks Grace, I confess I miss reading everything, I must have missed your post earlier on sorry. Your comments were very valid. Regards GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

CallSend SMSCall from mobileAdd to SkypeYou'll need Skype CreditFree via Skype

From: Grace Mutung'u <nmutungu@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>; gertrude matata <gertrudematata@yahoo.com> Sent: Wednesday, June 28, 2017 11:46 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Getrude,Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation

...

can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as the guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best,

On 28 Jun 2017 04:36, "gertrude matata via kictanet" <kictanet@lists.kictanet.or.ke> wrote:

Dear Members, This is indeed a very interesting discussion.I was wondering, could we have a working definition of FAKE NEWS. In addition, what is the fake news test to apply even for those who wish to kill it Kind Regards

Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729- 556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

CallSend SMSCall from mobileAdd to SkypeYou'll need Skype CreditFree via Skype

From: Diacen Ndiaga via kictanet <kictanet@lists.kictanet.or.ke > To: gertrudematata@yahoo.com Cc: Diacen Ndiaga <dndiaga@kcaa.or.ke> Sent: Wednesday, June 28, 2017 9:11 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the

...

media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

From: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke

To: "Diacen Ndiaga" <dndiaga@kcaa.or.ke> Cc: "kanini mutemi" <kaninimutemi@gmail.com> Sent: Wednesday, June 28, 2017 6:59:06 AM Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers, Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on Fake News especially during the electioneering period. We would like to hear your perspectives on: (a)Is Fake News a problem for Kenya? (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections? (c) Should internet intermediaries filter Fake News from their

On 28/06/2017, gertrude matata via kictanet <kictanet@lists.kictanet.or.ke> wrote: that main platforms?

...

(d) Should Fake News be banned? The discussion is open. -- 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. ______________________________ _________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/ <https://mailtrack.io/trace/link/9a781b2f9c5d01d3a46712c0f486f1c4363ffde8?url=https%3A%2F%2Flists.kictanet.or.ke%2F&userId=521787&signature=d003f3b851a359c7> mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet <https://mailtrack.io/trace/link/942e605bd1dcbaca71d02d94166d5e403a8ad174?url=http%3A%2F%2Ftwitter.com%2Fkictanet&userId=521787&signature=603cdf9f715f9c74> Facebook: https://www.facebook.com/ <https://mailtrack.io/trace/link/3b26ec79228df31cf71668549306b7ddd4e9dd33?url=https%3A%2F%2Fwww.facebook.com%2F&userId=521787&signature=d7205d8635ccbd6e> 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.

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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.

-- *Mercy Mutemi, Advocate*.

On the question of why we should discourage fake news..... I think it is because we risk raising a generation of the disinformed who may never learn to think critically. Have you met friends on Facebook who comment to say, "I like your post but too long" or "that post is too complicated", " the Swahili is too sanifu". How will a generation of such lead the nation? As Monyango mentions about the click economy model where people earn money according to the quantity of clicks on a link ..... I think this has been misused by the fake news industry to target those who are too easily manipulated by the sensational. People can learn to distinguish or verify news if good old news sites maintain trust with readers. This should be a wake up call to media houses of good repute- pick the real news side and stick with it. More returns in the long run as you will be contributing to a click economy based on quality not quantity. And if good old news sites insist on being fifty fifty, then individuals who are trusted by society take up the space. I don't think validation should be enforced by law. On 28 Jun 2017 09:54, "Ronald Ojino via kictanet" < kictanet@lists.kictanet.or.ke> wrote: Hi all, To echo Joash’s sentiments as we talk about validating our sources and the chain reaction…how can we enforce validation of news sources? Who bears the ultimate responsibility..is it the initial author, journalist or those who share the news? On Jun 28, 2017, at 4:43 PM, Joash Moitui via kictanet < kictanet@lists.kictanet.or.ke> wrote: Dear all, Interesting and timely discussion. A fake news website might publish a hoax, then because it's getting social attention another site might pick it up, write that story as though it's true and may not link back to the original fake news website.

From there it's a chain reaction until at some point a journalist at a largely credible outlet might see it and quickly write something up, because many journalists are trying to write as many stories as possible and write stories that get traffic and social attention.

The incentive is towards producing more and checking less. The incentive amongst journalists especially should focus on validating their sources. Joash Moitui [image: https://]about.me/jmoitui <https://mailtrack.io/trace/link/2fcdb34736c78d1207ef28080780b14e524cf5a8?url=https%3A%2F%2Fabout.me%2Fjmoitui%3Fpromo%3Demail_sig%26utm_source%3Dproduct%26utm_medium%3Demail_sig%26utm_campaign%3Dgmail_api&userId=521787&signature=730a8a8c00b41699> On Wed, Jun 28, 2017 at 3:05 PM, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Really interesting perspectives so far:

@Diacen I like that- 'fake News is NEWS'. Just to follow up, does Fake News do any damage? Is there a reason to step in and regulate Fake News.

@Gertrude I think one of the key things that is coming out clearly about Fake News is it being DISINFORMATION as opposed to MISINFORMATION. I wonder whether such instances are as rampant here as was seen in the US Elections.

@Barrack that's a fresh perspective on upholding traditional tenets of Journalism as a counter for Fake News. However, given that a lot of Fake News is peddled over social media and that Fake News is more sensational (Hot! so to speak) will this be effective in slowing down the spread of Fake News?

@Grace, given @Barrack's observation that Fake News is now a cash cow, why then discourage the propagation of Fake News? What is the harm?

@Francis, I like that you throw the ball back to the consumers- due diligence. I see a concern here however, Fake News based on psychographic analysis targets a particular demographic who are gullible and will readily believe alternative facts to build on their pre conceived notions. They themselves may never know they are consuming Fake News. What about that group of people?

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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.

On Wed, Jun 28, 2017 at 1:27 PM, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

(a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections?

Internet companies through algorithms have thrived on giving you more of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this menace but in democracies, it is hard because it goes against the principles of free speech. The Canadian Supreme Court has held in a case to strike down a false news provision of law that the provision was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of the public has settled views, opinions may, for all practical purposes, be treated as an expression of a ‘false fact,” the Learned Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the extent that one is not allowed to spread propaganda for war, incite people to violence, hate speech and advocate for ethnic hate. These limitations also apply to the media according to Article 34. The same constitutional provision also provides for the establishment of the Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body to play is setting media standards while regulating and monitoring their compliance. It is with this powers that are expounded on in the Media Act that the Council accredits journalists while requiring them to follow the Code of Conduct for the Practice of Journalism. While the standards on accuracy, integrity and accountability apply to journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post fake news online. From the angle of defamation laws, some of these stories are not defamatory. Neither do they constitute a breach of Article 33(2). For example the many speeches attributed to Presidents Robert Mugabe and Donald Trump about Kenyans and corruption. If they were to be counter checked against the elements of defamation, they will fail. The statement might be false but not damaging per se, hence not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no claim of damage may be sustained against them

http://monyango.com/index.php/2017/05/15/fake-news-the-battle-for-clicks/ <https://mailtrack.io/trace/link/ef71f5151cd5da425984beecea66ce463c71cbb1?url=http%3A%2F%2Fmonyango.com%2Findex.php%2F2017%2F05%2F15%2Ffake-news-the-battle-for-clicks%2F&userId=521787&signature=cf6a60d015e47dcd>

...

Thanks Grace, I confess I miss reading everything, I must have missed your post earlier on sorry. Your comments were very valid. Regards GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Grace Mutung'u <nmutungu@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>; gertrude matata <gertrudematata@yahoo.com> Sent: Wednesday, June 28, 2017 11:46 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Getrude,Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation

...

can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as the guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best,

On 28 Jun 2017 04:36, "gertrude matata via kictanet" <kictanet@lists.kictanet.or.ke> wrote:

Dear Members, This is indeed a very interesting discussion.I was wondering, could we have a working definition of FAKE NEWS. In addition, what is the fake news test to apply even for those who wish to kill it Kind Regards

Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729- 556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Diacen Ndiaga via kictanet <kictanet@lists.kictanet.or.ke > To: gertrudematata@yahoo.com Cc: Diacen Ndiaga <dndiaga@kcaa.or.ke> Sent: Wednesday, June 28, 2017 9:11 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the

...

media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

From: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke

To: "Diacen Ndiaga" <dndiaga@kcaa.or.ke> Cc: "kanini mutemi" <kaninimutemi@gmail.com> Sent: Wednesday, June 28, 2017 6:59:06 AM Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers, Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on Fake News especially during the electioneering period. We would like to hear your perspectives on: (a)Is Fake News a problem for Kenya? (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections? (c) Should internet intermediaries filter Fake News from their

On 28/06/2017, gertrude matata via kictanet <kictanet@lists.kictanet.or.ke> wrote: that main platforms?

...

(d) Should Fake News be banned? The discussion is open. -- 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.

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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.

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This has been an illuminating conversation for sure. What comes out clearly from the discussion today is: 1. Fake News is disinformation. Whilst we are keen to protect the Freedom of Expression, are we willing to justify disinformation as free speech? 2. Fake News brings out the reality of click economy and Big Data. There is a general feeling that Fake News is here to stay hence the need to educate consumers to think critically and carry out due diligence. 3. There is an opportunity for mainstream media to restructure and reclaim its legitimacy. Re posting social media Fake News as headlines has to stop. Invest in traditional journalism (quality vs quantity). Thank you so much to all those who followed today's discussion. Stay tuned for an enlightening conversation tomorrow on Online Bullying with Maryana. Good evening Listers! On Wed, Jun 28, 2017 at 8:47 PM, Grace Githaiga via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Great discussion.

To add to the issue of fake news, we have now started witnessing mainstream media relying on social media for news. The problem is that sometimes there is no verification and confirming of legitimate sources.

Further, we are also witnessing an increase in ruble rousing rumor filled sites that people unknowingly rely on for news . This has been made possible by the fact that people can register and maintain domain names that mimic credible mainstream media outlets with no other intention than to fuel fake news and maybe hate speech. An example is http://tv-bbc.com/.

We could also question the internet user's responsibility in verification of what one posts. If one cant verify what they circulate, has that person given up his/her freedom to be a responsible user of the internet? And do such individuals require an external agency to make them responsible for what they post/circulate?

Best regards

Githaiga, Grace

On Wednesday, 28-06-2017 at 17:06 Ronald Ojino via kictanet wrote:

Hi all, To echo Joash’s sentiments as we talk about validating our sources and the chain reaction…how can we enforce validation of news sources? Who bears the ultimate responsibility..is it the initial author, journalist or those who share the news?

On Jun 28, 2017, at 4:43 PM, Joash Moitui via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Dear all,

Interesting and timely discussion.

A fake news website might publish a hoax, then because it's getting social attention another site might pick it up, write that story as though it's true and may not link back to the original fake news website.

From there it's a chain reaction until at some point a journalist at a largely credible outlet might see it and quickly write something up, because many journalists are trying to write as many stories as possible and write stories that get traffic and social attention.

The incentive is towards producing more and checking less. The incentive amongst journalists especially should focus on validating their sources.

Joash Moitui [image: https://]about.me/jmoitui <https://mailtrack.io/trace/link/2fcdb34736c78d1207ef28080780b14e524cf5a8?url=https%3A%2F%2Fabout.me%2Fjmoitui%3Fpromo%3Demail_sig%26utm_source%3Dproduct%26utm_medium%3Demail_sig%26utm_campaign%3Dgmail_api&userId=521787&signature=730a8a8c00b41699>

On Wed, Jun 28, 2017 at 3:05 PM, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

Really interesting perspectives so far:

@Diacen I like that- 'fake News is NEWS'. Just to follow up, does Fake News do any damage? Is there a reason to step in and regulate Fake News.

@Gertrude I think one of the key things that is coming out clearly about Fake News is it being DISINFORMATION as opposed to MISINFORMATION. I wonder whether such instances are as rampant here as was seen in the US Elections.

@Barrack that's a fresh perspective on upholding traditional tenets of Journalism as a counter for Fake News. However, given that a lot of Fake News is peddled over social media and that Fake News is more sensational (Hot! so to speak) will this be effective in slowing down the spread of Fake News?

@Grace, given @Barrack's observation that Fake News is now a cash cow, why then discourage the propagation of Fake News? What is the harm?

@Francis, I like that you throw the ball back to the consumers- due diligence. I see a concern here however, Fake News based on psychographic analysis targets a particular demographic who are gullible and will readily believe alternative facts to build on their pre conceived notions. They themselves may never know they are consuming Fake News. What about that group of people?

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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.

On Wed, Jun 28, 2017 at 1:27 PM, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

(a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections?

Internet companies through algorithms have thrived on giving you more of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this menace but in democracies, it is hard because it goes against the principles of free speech. The Canadian Supreme Court has held in a case to strike down a false news provision of law that the provision was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of the public has settled views, opinions may, for all practical purposes, be treated as an expression of a ‘false fact,” the Learned Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the extent that one is not allowed to spread propaganda for war, incite people to violence, hate speech and advocate for ethnic hate. These limitations also apply to the media according to Article 34. The same constitutional provision also provides for the establishment of the Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body to play is setting media standards while regulating and monitoring their compliance. It is with this powers that are expounded on in the Media Act that the Council accredits journalists while requiring them to follow the Code of Conduct for the Practice of Journalism. While the standards on accuracy, integrity and accountability apply to journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post fake news online. From the angle of defamation laws, some of these stories are not defamatory. Neither do they constitute a breach of Article 33(2). For example the many speeches attributed to Presidents Robert Mugabe and Donald Trump about Kenyans and corruption. If they were to be counter checked against the elements of defamation, they will fail. The statement might be false but not damaging per se, hence not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no claim of damage may be sustained against them

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...

Thanks Grace, I confess I miss reading everything, I must have missed your post earlier on sorry. Your comments were very valid. Regards GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Grace Mutung'u <nmutungu@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>; gertrude matata <gertrudematata@yahoo.com> Sent: Wednesday, June 28, 2017 11:46 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Getrude,Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation

...

can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as

...

guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best,

On 28 Jun 2017 04:36, "gertrude matata via kictanet" <kictanet@lists.kictanet.or.ke> wrote:

Dear Members, This is indeed a very interesting discussion.I was wondering, could we have a working definition of FAKE NEWS. In addition, what is the fake news test to apply even for those who wish to kill it Kind Regards

Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729- 556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Diacen Ndiaga via kictanet <kictanet@lists.kictanet.or.ke

To: gertrudematata@yahoo.com Cc: Diacen Ndiaga <dndiaga@kcaa.or.ke> Sent: Wednesday, June 28, 2017 9:11 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the

...

media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

From: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke

To: "Diacen Ndiaga" <dndiaga@kcaa.or.ke> Cc: "kanini mutemi" <kaninimutemi@gmail.com> Sent: Wednesday, June 28, 2017 6:59:06 AM Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers, Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on Fake News especially during the electioneering period. We would like to hear your perspectives on: (a)Is Fake News a problem for Kenya? (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a

...

elections? (c) Should internet intermediaries filter Fake News from their

...

(d) Should Fake News be banned? The discussion is open. -- Mercy Mutemi, Advocate.

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On 28/06/2017, gertrude matata via kictanet <kictanet@lists.kictanet.or.ke> wrote: that the main problem for platforms? platform for platform for 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.

-- Francis Monyango

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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.

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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.

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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*.

It's great that there is widespread concern about sensational and false news. As much as we remain cautious, it is an area where regulators should exercise patience with since the market is sensitized to the issue and working on ways to fix it. For instance Facebook is grappling with the issue because it would lose quite a bit if it became known as the platform for fake news. In addition, proliferation of such 'fake news' presents a good business case for major news outlets, which have been bleeding revenue, as there is a path to reestablish themselves as trusted news sources with resources to verify sources. Finally, an extra lesson in research and writing classes (which all students partake in) can sensitize students to do a double-check online whenever they read a sensational headline. A double-check can be easily done with an extra mouse click. Thanks, Regulatory & Policy Advisor, TMG <http://tmgtelecom.com/> On 3 July 2017 at 07:41, WANGARI KABIRU via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Great Marketers have since eternity relied on getting into the syke of their target - deep psychology here with trends capture.

This explains why your favorite supermarket had just the chocolate brand you like while when you accidentally visit another branch down the road you find some other weird brands.

Thus any astute political campaign team would borrow this - which explains the popularity of the Cambridge Analytica and ilk of today. Give them what they want or design it to appear as such.

Fake promises, fake etc is very part and parcel of how most political campaign is designed - even without the internet.

What the internet and here it is more the ease of internet access has done is give a channel that reaches to even more, perhaps faster.

Be blessed.

Regards/Wangari

--- Pray God Bless. 2013Wangari circa - "Being of the Light, We are Restored Through Faith in Mind, Body and Spirit; We Manifest The Kingdom of God on Earth".

On Wednesday, 28 June 2017, 23:12, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

This has been an illuminating conversation for sure. What comes out clearly from the discussion today is:

1. Fake News is disinformation. Whilst we are keen to protect the Freedom of Expression, are we willing to justify disinformation as free speech?

2. Fake News brings out the reality of click economy and Big Data. There is a general feeling that Fake News is here to stay hence the need to educate consumers to think critically and carry out due diligence.

3. There is an opportunity for mainstream media to restructure and reclaim its legitimacy. Re posting social media Fake News as headlines has to stop. Invest in traditional journalism (quality vs quantity).

Thank you so much to all those who followed today's discussion. Stay tuned for an enlightening conversation tomorrow on Online Bullying with Maryana.

Good evening Listers!

On Wed, Jun 28, 2017 at 8:47 PM, Grace Githaiga via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Great discussion.

To add to the issue of fake news, we have now started witnessing mainstream media relying on social media for news. The problem is that sometimes there is no verification and confirming of legitimate sources.

Further, we are also witnessing an increase in ruble rousing rumor filled sites that people unknowingly rely on for news . This has been made possible by the fact that people can register and maintain domain names that mimic credible mainstream media outlets with no other intention than to fuel fake news and maybe hate speech. An example is http://tv-bbc.com/.

We could also question the internet user's responsibility in verification of what one posts. If one cant verify what they circulate, has that person given up his/her freedom to be a responsible user of the internet? And do such individuals require an external agency to make them responsible for what they post/circulate?

Best regards

Githaiga, Grace

On Wednesday, 28-06-2017 at 17:06 Ronald Ojino via kictanet wrote:

Hi all, To echo Joash’s sentiments as we talk about validating our sources and the chain reaction…how can we enforce validation of news sources? Who bears the ultimate responsibility..is it the initial author, journalist or those who share the news?

On Jun 28, 2017, at 4:43 PM, Joash Moitui via kictanet < kictanet@lists.kictanet.or.ke > wrote:

Dear all, Interesting and timely discussion. A fake news website might publish a hoax, then because it's getting social attention another site might pick it up, write that story as though it's true and may not link back to the original fake news website. From there it's a chain reaction until at some point a journalist at a largely credible outlet might see it and quickly write something up, because many journalists are trying to write as many stories as possible and write stories that get traffic and social attention. The incentive is towards producing more and checking less. The incentive amongst journalists especially should focus on validating their sources.

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On Wed, Jun 28, 2017 at 3:05 PM, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke > wrote:

Really interesting perspectives so far:

@Diacen I like that- 'fake News is NEWS'. Just to follow up, does Fake News do any damage? Is there a reason to step in and regulate Fake News.

@Gertrude I think one of the key things that is coming out clearly about Fake News is it being DISINFORMATION as opposed to MISINFORMATION. I wonder whether such instances are as rampant here as was seen in the US Elections.

@Barrack that's a fresh perspective on upholding traditional tenets of Journalism as a counter for Fake News. However, given that a lot of Fake News is peddled over social media and that Fake News is more sensational (Hot! so to speak) will this be effective in slowing down the spread of Fake News?

@Grace, given @Barrack's observation that Fake News is now a cash cow, why then discourage the propagation of Fake News? What is the harm?

@Francis, I like that you throw the ball back to the consumers- due diligence. I see a concern here however, Fake News based on psychographic analysis targets a particular demographic who are gullible and will readily believe alternative facts to build on their pre conceived notions. They themselves may never know they are consuming Fake News. What about that group of people?

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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.

On Wed, Jun 28, 2017 at 1:27 PM, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke > wrote:

(a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections?

Internet companies through algorithms have thrived on giving you more of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this menace but in democracies, it is hard because it goes against the principles of free speech. The Canadian Supreme Court has held in a case to strike down a false news provision of law that the provision was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of the public has settled views, opinions may, for all practical purposes, be treated as an expression of a ‘false fact,” the Learned Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the extent that one is not allowed to spread propaganda for war, incite people to violence, hate speech and advocate for ethnic hate. These limitations also apply to the media according to Article 34. The same constitutional provision also provides for the establishment of the Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body to play is setting media standards while regulating and monitoring their compliance. It is with this powers that are expounded on in the Media Act that the Council accredits journalists while requiring them to follow the Code of Conduct for the Practice of Journalism. While the standards on accuracy, integrity and accountability apply to journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post fake news online. From the angle of defamation laws, some of these stories are not defamatory. Neither do they constitute a breach of Article 33(2). For example the many speeches attributed to Presidents Robert Mugabe and Donald Trump about Kenyans and corruption. If they were to be counter checked against the elements of defamation, they will fail. The statement might be false but not damaging per se, hence not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no claim of damage may be sustained against them

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...

Thanks Grace, I confess I miss reading everything, I must have missed your post earlier on sorry. Your comments were very valid. Regards GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523 , Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Grace Mutung'u <nmutungu@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke >; gertrude matata <gertrudematata@yahoo.com> Sent: Wednesday, June 28, 2017 11:46 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Getrude,Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation

On 28/06/2017, gertrude matata via kictanet <kictanet@lists.kictanet.or.ke > wrote: that

...

can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as the guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best,

On 28 Jun 2017 04:36, "gertrude matata via kictanet" <kictanet@lists.kictanet.or.ke > wrote:

Dear Members, This is indeed a very interesting discussion.I was wondering, could we have a working definition of FAKE NEWS. In addition, what is the fake news test to apply even for those who wish to kill it Kind Regards

Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729- 556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Diacen Ndiaga via kictanet <kictanet@lists.kictanet.or.ke > To: gertrudematata@yahoo.com Cc: Diacen Ndiaga <dndiaga@kcaa.or.ke> Sent: Wednesday, June 28, 2017 9:11 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the main media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

From: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke > To: "Diacen Ndiaga" <dndiaga@kcaa.or.ke> Cc: "kanini mutemi" <kaninimutemi@gmail.com> Sent: Wednesday, June 28, 2017 6:59:06 AM Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers, Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on Fake News especially during the electioneering period. We would like to hear your perspectives on: (a)Is Fake News a problem for Kenya? (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections? (c) Should internet intermediaries filter Fake News from their platforms? (d) Should Fake News be banned? The discussion is open. -- 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.

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Thank you Namema, Wangari and Chebukati for adding to the conversation. I like that the insistence on due diligence, verification and the role of mainstream media keeps coming up. On Tue, 4 Jul 2017 at 00:26 Namema Amendi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

It's great that there is widespread concern about sensational and false news. As much as we remain cautious, it is an area where regulators should exercise patience with since the market is sensitized to the issue and working on ways to fix it. For instance Facebook is grappling with the issue because it would lose quite a bit if it became known as the platform for fake news. In addition, proliferation of such 'fake news' presents a good business case for major news outlets, which have been bleeding revenue, as there is a path to reestablish themselves as trusted news sources with resources to verify sources. Finally, an extra lesson in research and writing classes (which all students partake in) can sensitize students to do a double-check online whenever they read a sensational headline. A double-check can be easily done with an extra mouse click.

Thanks,

Regulatory & Policy Advisor, TMG <http://tmgtelecom.com/>

On 3 July 2017 at 07:41, WANGARI KABIRU via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

Great Marketers have since eternity relied on getting into the syke of their target - deep psychology here with trends capture.

This explains why your favorite supermarket had just the chocolate brand you like while when you accidentally visit another branch down the road you find some other weird brands.

Thus any astute political campaign team would borrow this - which explains the popularity of the Cambridge Analytica and ilk of today. Give them what they want or design it to appear as such.

Fake promises, fake etc is very part and parcel of how most political campaign is designed - even without the internet.

What the internet and here it is more the ease of internet access has done is give a channel that reaches to even more, perhaps faster.

Be blessed.

Regards/Wangari

--- Pray God Bless. 2013Wangari circa - "Being of the Light, We are Restored Through Faith in Mind, Body and Spirit; We Manifest The Kingdom of God on Earth".

On Wednesday, 28 June 2017, 23:12, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

This has been an illuminating conversation for sure. What comes out clearly from the discussion today is:

1. Fake News is disinformation. Whilst we are keen to protect the Freedom of Expression, are we willing to justify disinformation as free speech?

2. Fake News brings out the reality of click economy and Big Data. There is a general feeling that Fake News is here to stay hence the need to educate consumers to think critically and carry out due diligence.

3. There is an opportunity for mainstream media to restructure and reclaim its legitimacy. Re posting social media Fake News as headlines has to stop. Invest in traditional journalism (quality vs quantity).

Thank you so much to all those who followed today's discussion. Stay tuned for an enlightening conversation tomorrow on Online Bullying with Maryana.

Good evening Listers!

On Wed, Jun 28, 2017 at 8:47 PM, Grace Githaiga via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Great discussion.

To add to the issue of fake news, we have now started witnessing mainstream media relying on social media for news. The problem is that sometimes there is no verification and confirming of legitimate sources.

Further, we are also witnessing an increase in ruble rousing rumor filled sites that people unknowingly rely on for news . This has been made possible by the fact that people can register and maintain domain names that mimic credible mainstream media outlets with no other intention than to fuel fake news and maybe hate speech. An example is http://tv-bbc.com/ .

We could also question the internet user's responsibility in verification of what one posts. If one cant verify what they circulate, has that person given up his/her freedom to be a responsible user of the internet? And do such individuals require an external agency to make them responsible for what they post/circulate?

Best regards

Githaiga, Grace

On Wednesday, 28-06-2017 at 17:06 Ronald Ojino via kictanet wrote:

Hi all, To echo Joash’s sentiments as we talk about validating our sources and the chain reaction…how can we enforce validation of news sources? Who bears the ultimate responsibility..is it the initial author, journalist or those who share the news?

On Jun 28, 2017, at 4:43 PM, Joash Moitui via kictanet < kictanet@lists.kictanet.or.ke > wrote:

Dear all, Interesting and timely discussion. A fake news website might publish a hoax, then because it's getting social attention another site might pick it up, write that story as though it's true and may not link back to the original fake news website. From there it's a chain reaction until at some point a journalist at a largely credible outlet might see it and quickly write something up, because many journalists are trying to write as many stories as possible and write stories that get traffic and social attention. The incentive is towards producing more and checking less. The incentive amongst journalists especially should focus on validating their sources.

Joash Moitui [image: https://]about.me/jmoitui <https://mailtrack.io/trace/link/2fcdb34736c78d1207ef28080780b14e524cf5a8?url=https%3A%2F%2Fabout.me%2Fjmoitui%3Fpromo%3Demail_sig%26utm_source%3Dproduct%26utm_medium%3Demail_sig%26utm_campaign%3Dgmail_api&userId=521787&signature=730a8a8c00b41699>

On Wed, Jun 28, 2017 at 3:05 PM, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke > wrote:

Really interesting perspectives so far:

@Diacen I like that- 'fake News is NEWS'. Just to follow up, does Fake News do any damage? Is there a reason to step in and regulate Fake News.

@Gertrude I think one of the key things that is coming out clearly about Fake News is it being DISINFORMATION as opposed to MISINFORMATION. I wonder whether such instances are as rampant here as was seen in the US Elections.

@Barrack that's a fresh perspective on upholding traditional tenets of Journalism as a counter for Fake News. However, given that a lot of Fake News is peddled over social media and that Fake News is more sensational (Hot! so to speak) will this be effective in slowing down the spread of Fake News?

@Grace, given @Barrack's observation that Fake News is now a cash cow, why then discourage the propagation of Fake News? What is the harm?

@Francis, I like that you throw the ball back to the consumers- due diligence. I see a concern here however, Fake News based on psychographic analysis targets a particular demographic who are gullible and will readily believe alternative facts to build on their pre conceived notions. They themselves may never know they are consuming Fake News. What about that group of people?

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KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

On Wed, Jun 28, 2017 at 1:27 PM, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke > wrote:

(a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections?

Internet companies through algorithms have thrived on giving you more of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this menace but in democracies, it is hard because it goes against the principles of free speech. The Canadian Supreme Court has held in a case to strike down a false news provision of law that the provision was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of the public has settled views, opinions may, for all practical purposes, be treated as an expression of a ‘false fact,” the Learned Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the extent that one is not allowed to spread propaganda for war, incite people to violence, hate speech and advocate for ethnic hate. These limitations also apply to the media according to Article 34. The same constitutional provision also provides for the establishment of the Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body to play is setting media standards while regulating and monitoring their compliance. It is with this powers that are expounded on in the Media Act that the Council accredits journalists while requiring them to follow the Code of Conduct for the Practice of Journalism. While the standards on accuracy, integrity and accountability apply to journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post fake news online. From the angle of defamation laws, some of these stories are not defamatory. Neither do they constitute a breach of Article 33(2). For example the many speeches attributed to Presidents Robert Mugabe and Donald Trump about Kenyans and corruption. If they were to be counter checked against the elements of defamation, they will fail. The statement might be false but not damaging per se, hence not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no claim of damage may be sustained against them

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...

Thanks Grace, I confess I miss reading everything, I must have missed your post earlier on sorry. Your comments were very valid. Regards GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523 , Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Grace Mutung'u <nmutungu@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke >; gertrude matata <gertrudematata@yahoo.com> Sent: Wednesday, June 28, 2017 11:46 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Getrude,Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation

...

can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as the guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best,

On 28 Jun 2017 04:36, "gertrude matata via kictanet" <kictanet@lists.kictanet.or.ke > wrote:

Dear Members, This is indeed a very interesting discussion.I was wondering, could we have a working definition of FAKE NEWS. In addition, what is the fake news test to apply even for those who wish to kill it Kind Regards

Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729- 556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Diacen Ndiaga via kictanet <kictanet@lists.kictanet.or.ke > To: gertrudematata@yahoo.com Cc: Diacen Ndiaga <dndiaga@kcaa.or.ke> Sent: Wednesday, June 28, 2017 9:11 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the

...

media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

From: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke

To: "Diacen Ndiaga" <dndiaga@kcaa.or.ke> Cc: "kanini mutemi" <kaninimutemi@gmail.com> Sent: Wednesday, June 28, 2017 6:59:06 AM Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers, Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on Fake News especially during the electioneering period. We would like to hear your perspectives on: (a)Is Fake News a problem for Kenya? (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections? (c) Should internet intermediaries filter Fake News from their

On 28/06/2017, gertrude matata via kictanet <kictanet@lists.kictanet.or.ke > wrote: that main platforms?

...

(d) Should Fake News be banned? The discussion is open. -- 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.

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-- *Mercy Mutemi, Advocate*.

Absolutely spot on Kanini. I was fortunate to have a discussion with the CEO of Samsung Pay and the topic was deep learning as an enabler for AI. I was keen to ramp up some of the things happening in KE from a Machine learning perspective and how IoT will benefit us using public transport as an example. His reaction was unexpected - he was surprised that we are thinking about Machine learning and Algorthims while we have a basic food problem ( I know bad news travels fast). Fix the ground floor first was his message, as it's difficult to re-invent the wheel. So all those boring subjects like enhancing our institutions, access to food and education as a basic necessity to all should be our focus. Still I dunno where to stand.. Sent from my iPhone

On 10 Jul 2017, at 19:42, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:

I think we need to revisit this conversation especially the consensus on a more responsible media. This article paints a different picture- that mainstream media itself is under seige. So dire is the situation that automatic bots sponsoring fake news have messed up with Google's algorithms making it that much harder to ID FAKE news. In which case, try as they may- the mainstream media may have already lost the war.

Again I ask, what harm (real or potential) does FAKE news present? Do we need to pay attention or do we have better Kenyan problems to deal with?

https://www.theguardian.com/politics/2017/feb/26/robert-mercer-breitbart-war...

...

On Tue, 4 Jul 2017 at 10:39 kanini mutemi <kaninimutemi@gmail.com> wrote: Thank you Namema, Wangari and Chebukati for adding to the conversation. I like that the insistence on due diligence, verification and the role of mainstream media keeps coming up.

...

On Tue, 4 Jul 2017 at 00:26 Namema Amendi via kictanet <kictanet@lists.kictanet.or.ke> wrote: It's great that there is widespread concern about sensational and false news. As much as we remain cautious, it is an area where regulators should exercise patience with since the market is sensitized to the issue and working on ways to fix it. For instance Facebook is grappling with the issue because it would lose quite a bit if it became known as the platform for fake news. In addition, proliferation of such 'fake news' presents a good business case for major news outlets, which have been bleeding revenue, as there is a path to reestablish themselves as trusted news sources with resources to verify sources. Finally, an extra lesson in research and writing classes (which all students partake in) can sensitize students to do a double-check online whenever they read a sensational headline. A double-check can be easily done with an extra mouse click.

Thanks,

Regulatory & Policy Advisor, TMG

...

On 3 July 2017 at 07:41, WANGARI KABIRU via kictanet <kictanet@lists.kictanet.or.ke> wrote:

...

Great Marketers have since eternity relied on getting into the syke of their target - deep psychology here with trends capture.

This explains why your favorite supermarket had just the chocolate brand you like while when you accidentally visit another branch down the road you find some other weird brands.

Thus any astute political campaign team would borrow this - which explains the popularity of the Cambridge Analytica and ilk of today. Give them what they want or design it to appear as such.

Fake promises, fake etc is very part and parcel of how most political campaign is designed - even without the internet.

What the internet and here it is more the ease of internet access has done is give a channel that reaches to even more, perhaps faster.

Be blessed.

Regards/Wangari

--- Pray God Bless. 2013Wangari circa - "Being of the Light, We are Restored Through Faith in Mind, Body and Spirit; We Manifest The Kingdom of God on Earth".

On Wednesday, 28 June 2017, 23:12, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> wrote:

This has been an illuminating conversation for sure. What comes out clearly from the discussion today is:

1. Fake News is disinformation. Whilst we are keen to protect the Freedom of Expression, are we willing to justify disinformation as free speech?

2. Fake News brings out the reality of click economy and Big Data. There is a general feeling that Fake News is here to stay hence the need to educate consumers to think critically and carry out due diligence.

3. There is an opportunity for mainstream media to restructure and reclaim its legitimacy. Re posting social media Fake News as headlines has to stop. Invest in traditional journalism (quality vs quantity).

Thank you so much to all those who followed today's discussion. Stay tuned for an enlightening conversation tomorrow on Online Bullying with Maryana.

Good evening Listers!

On Wed, Jun 28, 2017 at 8:47 PM, Grace Githaiga via kictanet <kictanet@lists.kictanet.or.ke> wrote: Great discussion.

To add to the issue of fake news, we have now started witnessing mainstream media relying on social media for news. The problem is that sometimes there is no verification and confirming of legitimate sources.

Further, we are also witnessing an increase in ruble rousing rumor filled sites that people unknowingly rely on for news . This has been made possible by the fact that people can register and maintain domain names that mimic credible mainstream media outlets with no other intention than to fuel fake news and maybe hate speech. An example is http://tv-bbc.com/.

We could also question the internet user's responsibility in verification of what one posts. If one cant verify what they circulate, has that person given up his/her freedom to be a responsible user of the internet? And do such individuals require an external agency to make them responsible for what they post/circulate?

Best regards

Githaiga, Grace

On Wednesday, 28-06-2017 at 17:06 Ronald Ojino via kictanet wrote: Hi all, To echo Joash’s sentiments as we talk about validating our sources and the chain reaction…how can we enforce validation of news sources? Who bears the ultimate responsibility..is it the initial author, journalist or those who share the news?

...

On Jun 28, 2017, at 4:43 PM, Joash Moitui via kictanet <kictanet@lists.kictanet.or.ke > wrote:

Dear all, Interesting and timely discussion. A fake news website might publish a hoax, then because it's getting social attention another site might pick it up, write that story as though it's true and may not link back to the original fake news website. From there it's a chain reaction until at some point a journalist at a largely credible outlet might see it and quickly write something up, because many journalists are trying to write as many stories as possible and write stories that get traffic and social attention. The incentive is towards producing more and checking less. The incentive amongst journalists especially should focus on validating their sources.

Joash Moitui about.me/jmoitui

On Wed, Jun 28, 2017 at 3:05 PM, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke > wrote: Really interesting perspectives so far:

@Diacen I like that- 'fake News is NEWS'. Just to follow up, does Fake News do any damage? Is there a reason to step in and regulate Fake News.

@Gertrude I think one of the key things that is coming out clearly about Fake News is it being DISINFORMATION as opposed to MISINFORMATION. I wonder whether such instances are as rampant here as was seen in the US Elections.

@Barrack that's a fresh perspective on upholding traditional tenets of Journalism as a counter for Fake News. However, given that a lot of Fake News is peddled over social media and that Fake News is more sensational (Hot! so to speak) will this be effective in slowing down the spread of Fake News?

@Grace, given @Barrack's observation that Fake News is now a cash cow, why then discourage the propagation of Fake News? What is the harm?

@Francis, I like that you throw the ball back to the consumers- due diligence. I see a concern here however, Fake News based on psychographic analysis targets a particular demographic who are gullible and will readily believe alternative facts to build on their pre conceived notions. They themselves may never know they are consuming Fake News. What about that group of people?

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On Wed, Jun 28, 2017 at 1:27 PM, Francis Monyango via kictanet <kictanet@lists.kictanet.or.ke > wrote: (a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections?

Internet companies through algorithms have thrived on giving you more of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this menace but in democracies, it is hard because it goes against the principles of free speech. The Canadian Supreme Court has held in a case to strike down a false news provision of law that the provision was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of the public has settled views, opinions may, for all practical purposes, be treated as an expression of a ‘false fact,” the Learned Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the extent that one is not allowed to spread propaganda for war, incite people to violence, hate speech and advocate for ethnic hate. These limitations also apply to the media according to Article 34. The same constitutional provision also provides for the establishment of the Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body to play is setting media standards while regulating and monitoring their compliance. It is with this powers that are expounded on in the Media Act that the Council accredits journalists while requiring them to follow the Code of Conduct for the Practice of Journalism. While the standards on accuracy, integrity and accountability apply to journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post fake news online. From the angle of defamation laws, some of these stories are not defamatory. Neither do they constitute a breach of Article 33(2). For example the many speeches attributed to Presidents Robert Mugabe and Donald Trump about Kenyans and corruption. If they were to be counter checked against the elements of defamation, they will fail. The statement might be false but not damaging per se, hence not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no claim of damage may be sustained against them

http://monyango.com/index.php/ 2017/05/15/fake-news-the-battl e-for-clicks/

On 28/06/2017, gertrude matata via kictanet <kictanet@lists.kictanet.or.ke > wrote:

...

Thanks Grace, I confess I miss reading everything, I must have missed your post earlier on sorry. Your comments were very valid. Regards GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523 , Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Grace Mutung'u <nmutungu@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke >; gertrude matata <gertrudematata@yahoo.com> Sent: Wednesday, June 28, 2017 11:46 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Getrude,Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation that can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as the guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best,

On 28 Jun 2017 04:36, "gertrude matata via kictanet" <kictanet@lists.kictanet.or.ke > wrote:

Dear Members, This is indeed a very interesting discussion.I was wondering, could we have a working definition of FAKE NEWS. In addition, what is the fake news test to apply even for those who wish to kill it Kind Regards

Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729- 556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Diacen Ndiaga via kictanet <kictanet@lists.kictanet.or.ke > To: gertrudematata@yahoo.com Cc: Diacen Ndiaga <dndiaga@kcaa.or.ke> Sent: Wednesday, June 28, 2017 9:11 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the main media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

From: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke > To: "Diacen Ndiaga" <dndiaga@kcaa.or.ke> Cc: "kanini mutemi" <kaninimutemi@gmail.com> Sent: Wednesday, June 28, 2017 6:59:06 AM Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers, Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on Fake News especially during the electioneering period. We would like to hear your perspectives on: (a)Is Fake News a problem for Kenya? (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections? (c) Should internet intermediaries filter Fake News from their platforms? (d) Should Fake News be banned? The discussion is open. -- 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.

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This is not binary. First, if we view economic transformation as a key driver of broader social development, then it matters very much how robust our institutions are that protect the rule of law. Introducing governance frameworks that facilitate the flow of data out of our institutions into the expert hubs of advanced economies does nothing to foster the technological learning and upgrading that our economy need to transform and grow, Second, such governance prohibits data subjects from making more informed and context-sensitive decisions about whether or not it is in their long-term interests to share data with others. So simply put Data for Development’ (D4D) (the term used for your context) has primarily been understood as D4 *human/humanitarian *development with the poor characterized as beneficiaries of better-designed developmental solutions. (as exemplified by your example). Analysing high volumes of data is said to provide insights about the strengths or weaknesses of current programs and to show how poverty or other forms of vulnerability might be distributed within a population, it is this focus on humanitarian development, as opposed to economic development, which drives the emerging governance framework in line with the commercial interests of advanced economies. The poor have been treated as beneficiaries, rather than as economic producers. What a Farce! E Njoroge Mwangi Technology| FINTECH | Big Data Cell +44 7539372742 Skype: Erick.mwangi On Tue, Jul 11, 2017 at 11:05 AM, Lucy Gichaga <lw.gichaga@gmail.com> wrote:

Proudly take BOTH stands: (1) You are allowed to think about Machine learning and Algorthims now not later in the most innovative out-of-the box -ways that your mind can take you. (2) IoT has been DIRECTLY linked to improving many sectors (if not all) especially food security and related issues that we grapple with as a developing country. What with the tech being extended to link an entire value-chain so that as soon as I purchase a bunch of sukumas at my local grocery, both the grocery's and my own networks are activated so that the supplier knows that the bunchs he delivered have been purchased at a certain rate today automatically predicts how many bunches are required in what location in the next day, week, month, year etc and the farmer's network is activated as well so as to prepare and plan for the next harvest, and tandem planting at another location and expected demands in which part of the country and therefore planned estimated for fertilizer, water and drought levels so as to be advised on irrigation alternatives to recurrent expected drought cycles in the Kenyan weather that is expected every 2-4 years and which period ...... in short, the point is, there is no one who is not allowed to think about Machine learning and Algorthims. Go ahead, we need you.

On Tue, Jul 11, 2017 at 10:22 AM, Eric Mwangi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

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Absolutely spot on Kanini.

I was fortunate to have a discussion with the CEO of Samsung Pay and the topic was deep learning as an enabler for AI. I was keen to ramp up some of the things happening in KE from a Machine learning perspective and how IoT will benefit us using public transport as an example.

His reaction was unexpected - he was surprised that we are thinking about Machine learning and Algorthims while we have a basic food problem ( I know bad news travels fast). Fix the ground floor first was his message, as it's difficult to re-invent the wheel. So all those boring subjects like enhancing our institutions, access to food and education as a basic necessity to all should be our focus.

Still I dunno where to stand..

Sent from my iPhone

On 10 Jul 2017, at 19:42, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

I think we need to revisit this conversation especially the consensus on a more responsible media. This article paints a different picture- that mainstream media itself is under seige. So dire is the situation that automatic bots sponsoring fake news have messed up with Google's algorithms making it that much harder to ID FAKE news. In which case, try as they may- the mainstream media may have already lost the war.

Again I ask, what harm (real or potential) does FAKE news present? Do we need to pay attention or do we have better Kenyan problems to deal with?

https://www.theguardian.com/politics/2017/feb/26/robert-merc er-breitbart-war-on-media-steve-bannon-donald-trump-nigel-farage

On Tue, 4 Jul 2017 at 10:39 kanini mutemi <kaninimutemi@gmail.com> wrote:

...

Thank you Namema, Wangari and Chebukati for adding to the conversation. I like that the insistence on due diligence, verification and the role of mainstream media keeps coming up.

On Tue, 4 Jul 2017 at 00:26 Namema Amendi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

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It's great that there is widespread concern about sensational and false news. As much as we remain cautious, it is an area where regulators should exercise patience with since the market is sensitized to the issue and working on ways to fix it. For instance Facebook is grappling with the issue because it would lose quite a bit if it became known as the platform for fake news. In addition, proliferation of such 'fake news' presents a good business case for major news outlets, which have been bleeding revenue, as there is a path to reestablish themselves as trusted news sources with resources to verify sources. Finally, an extra lesson in research and writing classes (which all students partake in) can sensitize students to do a double-check online whenever they read a sensational headline. A double-check can be easily done with an extra mouse click.

Thanks,

Regulatory & Policy Advisor, TMG <http://tmgtelecom.com/>

On 3 July 2017 at 07:41, WANGARI KABIRU via kictanet < kictanet@lists.kictanet.or.ke> wrote:

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Great Marketers have since eternity relied on getting into the syke of their target - deep psychology here with trends capture.

This explains why your favorite supermarket had just the chocolate brand you like while when you accidentally visit another branch down the road you find some other weird brands.

Thus any astute political campaign team would borrow this - which explains the popularity of the Cambridge Analytica and ilk of today. Give them what they want or design it to appear as such.

Fake promises, fake etc is very part and parcel of how most political campaign is designed - even without the internet.

What the internet and here it is more the ease of internet access has done is give a channel that reaches to even more, perhaps faster.

Be blessed.

Regards/Wangari

--- Pray God Bless. 2013Wangari circa - "Being of the Light, We are Restored Through Faith in Mind, Body and Spirit; We Manifest The Kingdom of God on Earth".

On Wednesday, 28 June 2017, 23:12, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke> wrote:

This has been an illuminating conversation for sure. What comes out clearly from the discussion today is:

1. Fake News is disinformation. Whilst we are keen to protect the Freedom of Expression, are we willing to justify disinformation as free speech?

2. Fake News brings out the reality of click economy and Big Data. There is a general feeling that Fake News is here to stay hence the need to educate consumers to think critically and carry out due diligence.

3. There is an opportunity for mainstream media to restructure and reclaim its legitimacy. Re posting social media Fake News as headlines has to stop. Invest in traditional journalism (quality vs quantity).

Thank you so much to all those who followed today's discussion. Stay tuned for an enlightening conversation tomorrow on Online Bullying with Maryana.

Good evening Listers!

On Wed, Jun 28, 2017 at 8:47 PM, Grace Githaiga via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Great discussion.

To add to the issue of fake news, we have now started witnessing mainstream media relying on social media for news. The problem is that sometimes there is no verification and confirming of legitimate sources.

Further, we are also witnessing an increase in ruble rousing rumor filled sites that people unknowingly rely on for news . This has been made possible by the fact that people can register and maintain domain names that mimic credible mainstream media outlets with no other intention than to fuel fake news and maybe hate speech. An example is http://tv-bbc.com/.

We could also question the internet user's responsibility in verification of what one posts. If one cant verify what they circulate, has that person given up his/her freedom to be a responsible user of the internet? And do such individuals require an external agency to make them responsible for what they post/circulate?

Best regards

Githaiga, Grace

On Wednesday, 28-06-2017 at 17:06 Ronald Ojino via kictanet wrote:

Hi all, To echo Joash’s sentiments as we talk about validating our sources and the chain reaction…how can we enforce validation of news sources? Who bears the ultimate responsibility..is it the initial author, journalist or those who share the news?

On Jun 28, 2017, at 4:43 PM, Joash Moitui via kictanet < kictanet@lists.kictanet.or.ke > wrote:

Dear all, Interesting and timely discussion. A fake news website might publish a hoax, then because it's getting social attention another site might pick it up, write that story as though it's true and may not link back to the original fake news website. From there it's a chain reaction until at some point a journalist at a largely credible outlet might see it and quickly write something up, because many journalists are trying to write as many stories as possible and write stories that get traffic and social attention. The incentive is towards producing more and checking less. The incentive amongst journalists especially should focus on validating their sources.

Joash Moitui [image: https://]about.me/jmoitui <https://mailtrack.io/trace/link/2fcdb34736c78d1207ef28080780b14e524cf5a8?url=https%3A%2F%2Fabout.me%2Fjmoitui%3Fpromo%3Demail_sig%26utm_source%3Dproduct%26utm_medium%3Demail_sig%26utm_campaign%3Dgmail_api&userId=521787&signature=730a8a8c00b41699>

On Wed, Jun 28, 2017 at 3:05 PM, kanini mutemi via kictanet < kictanet@lists.kictanet.or.ke > wrote:

Really interesting perspectives so far:

@Diacen I like that- 'fake News is NEWS'. Just to follow up, does Fake News do any damage? Is there a reason to step in and regulate Fake News.

@Gertrude I think one of the key things that is coming out clearly about Fake News is it being DISINFORMATION as opposed to MISINFORMATION. I wonder whether such instances are as rampant here as was seen in the US Elections.

@Barrack that's a fresh perspective on upholding traditional tenets of Journalism as a counter for Fake News. However, given that a lot of Fake News is peddled over social media and that Fake News is more sensational (Hot! so to speak) will this be effective in slowing down the spread of Fake News?

@Grace, given @Barrack's observation that Fake News is now a cash cow, why then discourage the propagation of Fake News? What is the harm?

@Francis, I like that you throw the ball back to the consumers- due diligence. I see a concern here however, Fake News based on psychographic analysis targets a particular demographic who are gullible and will readily believe alternative facts to build on their pre conceived notions. They themselves may never know they are consuming Fake News. What about that group of people?

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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.

On Wed, Jun 28, 2017 at 1:27 PM, Francis Monyango via kictanet < kictanet@lists.kictanet.or.ke > wrote:

(a)Is Fake News a problem for Kenya?

It depends. Yes and No.

(b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a problem for elections?

Internet companies through algorithms have thrived on giving you more of what you 'want'. People should learn to conduct due diligence.

(c) Should internet intermediaries filter Fake News from their platforms?

Nope. That will amount to policing the internet

(d) Should Fake News be banned?

No. Suggestions have been made world over on the ideal remedy for this menace but in democracies, it is hard because it goes against the principles of free speech. The Canadian Supreme Court has held in a case to strike down a false news provision of law that the provision was contrary to the constitutional freedom of expression.

“The reality is that when the matter is one on which the majority of the public has settled views, opinions may, for all practical purposes, be treated as an expression of a ‘false fact,” the Learned Justices of the Court said.

In Kenya, the law limits the right to freedom of expression to the extent that one is not allowed to spread propaganda for war, incite people to violence, hate speech and advocate for ethnic hate. These limitations also apply to the media according to Article 34. The same constitutional provision also provides for the establishment of the Media Council of Kenya.

One of the roles the drafters of the Constitution envisioned this body to play is setting media standards while regulating and monitoring their compliance. It is with this powers that are expounded on in the Media Act that the Council accredits journalists while requiring them to follow the Code of Conduct for the Practice of Journalism. While the standards on accuracy, integrity and accountability apply to journalists; these standards do not apply to bloggers.

Hence they cannot be held to have breached the Code when they post fake news online. From the angle of defamation laws, some of these stories are not defamatory. Neither do they constitute a breach of Article 33(2). For example the many speeches attributed to Presidents Robert Mugabe and Donald Trump about Kenyans and corruption. If they were to be counter checked against the elements of defamation, they will fail. The statement might be false but not damaging per se, hence not warranting a suit for damages.

Some of the sites are not even within the Kenyan jurisdiction and no claim of damage may be sustained against them

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...

Thanks Grace, I confess I miss reading everything, I must have missed your post earlier on sorry. Your comments were very valid. Regards GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729-556523 , Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Grace Mutung'u <nmutungu@gmail.com> To: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke ; gertrude matata <gertrudematata@yahoo.com> Sent: Wednesday, June 28, 2017 11:46 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Getrude,Reposting my comment that was on another thread. Good morning Kanini, I will attempt the first question: Maybe we could first start by defining or describing "fake news" in our context. There is a lot of disinformation and even media manipulation that can be traced back to political actors. In my view some of the characteristics of this manipulation include messages crafted sensationally to provoke emotional responses. Another class is messages casually/reckless condemning an entire tribe- it is impressive how much this kind has reduced over the years especially among major online spaces. Disinformation is carried out by both sides of the political divide. It could be tackled through political accountability mecahnisms such as

...

guidelines on bulk messaging in the last elections. I wonder whether it's practical to update them for Internet messaging. Beyond that, fake news during elections can also be managed by old school credible news. More trusted media outlets must more than ever before invest in good journalism. On that note, kudos to Ngirachu of Nation for his new segment demystifying fake news of each week. Best,

On 28 Jun 2017 04:36, "gertrude matata via kictanet" <kictanet@lists.kictanet.or.ke > wrote:

Dear Members, This is indeed a very interesting discussion.I was wondering, could we have a working definition of FAKE NEWS. In addition, what is the fake news test to apply even for those who wish to kill it Kind Regards

Gertrude.

GERTRUDE MATATA CO. ADVOCATES COMMISSIONERS FOR OATHS NOTARY PUBLIC HILLSIDE APARTMENTS 4TH FLOOR, Apartments 11 RAGATI ROAD,Opposite N.H.I.F NEAR CAPITOL HILL POLICE STATION P.O. Box 517-00517 Nairobi Mobile:0722-374109/0729- 556523, Wireless 020-2159837 DISCLAIMER This email and any attachments to it may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of GERTRUDE MATATA & CO. ADVOCATES. If you are not the intended recipient of this email, you must neither take any action based upon its contents, nor copy or show it to anyone. Please contact the sender if you believe you have received this email in error.

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From: Diacen Ndiaga via kictanet < kictanet@lists.kictanet.or.ke > To: gertrudematata@yahoo.com Cc: Diacen Ndiaga <dndiaga@kcaa.or.ke> Sent: Wednesday, June 28, 2017 9:11 AM Subject: Re: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Morning listers! Indeed fake news and skewed reportage by main media outlets is already with us.Editorial policy of some houses is outright scandalous.In this time of election where perception of voters is critical, fake news will come in droves and due to compromises and skewed editorial policy by media houses on issues, agenda setting is purposed on set goals.It is worse when the

...

media depend on social media for its news items and worse when it uses social media content to reinforce a particular opinion and stand on an issue.When the media is sold to the highest bidder in a political environment or is compromised in being factual and balanced in its reportage,then it looses the moral ground to point out ills in the society. Note fake News is NEWS.

From: "KICTAnet ICT Policy Discussions" < kictanet@lists.kictanet.or.ke > To: "Diacen Ndiaga" <dndiaga@kcaa.or.ke> Cc: "kanini mutemi" <kaninimutemi@gmail.com> Sent: Wednesday, June 28, 2017 6:59:06 AM Subject: [kictanet] PRE KIGF ONLINE DISCUSSIONS DAY 2- FAKE NEWS DURING ELECTIONEERING

Good morning Listers, Welcome to Day 2 of the Pre KIGF Online Discussions. Joy Mala and I will co-moderate this session. We look forward to a vibrant discussion on Fake News especially during the electioneering period. We would like to hear your perspectives on: (a)Is Fake News a problem for Kenya? (b) Companies such as Cambridge Analytica have been said to use pyschographic techniques such as voter profiling during elections to determine who gets to hear what message. Advertising companies have used similar targeted approaches in marketing for years- why is it a

...

elections? (c) Should internet intermediaries filter Fake News from their

...

(d) Should Fake News be banned? The discussion is open. -- Mercy Mutemi, Advocate.

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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder

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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

...

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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder

...

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

...

not spam, do not market your wares or qualifications.

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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder

...

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

On 28/06/2017, gertrude matata via kictanet <kictanet@lists.kictanet.or.ke > wrote: the main problem for platforms? platform for privacy, do platform for privacy, do platform for privacy, do

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not spam, do not market your wares or qualifications.

-- Francis Monyango

Lawyer | ICT Policy and Legal Consultant www.monyango.com <https://mailtrack.io/trace/link/29cfbfba3a792993145654004b48a6dd30aad5cb?url=http%3A%2F%2Fwww.monyango.com&userId=521787&signature=5d8099526aa8f57d> 0726792792

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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*.

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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.

Co-Convenor Kenya ICT Action Network (KICTANet) Twitter:@ggithaiga Tel: 254722701495 Skype: gracegithaiga Alternate email: ggithaiga@hotmail.com Linkedin: https://www.linkedin.com/in/ gracegithaiga <https://www.linkedin.com/in/gracegithaiga> www.kictanet.or.ke

"Change only happens when ordinary people get involved, get engaged and come together to demand it. I am asking you to believe. Not in my ability to bring about change – but in yours"---Barrack Obama.

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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.

-- *Mercy Mutemi, Advocate*.

-- *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.

--

Sincerely,

L.W. Gichaga, PhD

*The BEST is yet ahead! *

●Twitter: @LWGichaga <https://twitter.com/LWGichaga> ● Pinterest <https://t.co/uS0z68mKmF>