The root cause of all this problem is the concept of universal moral values and individual moral values - the difference between a tolerating party and an imposing party. I think countries (and even corporations) need to do more of tolerate the individual moral values more than impose a universal moral code. That said if we owned a video platform that would export content that is not deemed suitable for a bigger nation like the US, they would outright reject the content. I think to the same degree that needs to be paid back to other consumers for content coming out of the US. On Wed, Feb 24, 2016 at 9:19 AM, Mildred Achoch via kictanet < kictanet@lists.kictanet.or.ke> wrote:

The major problem is that there is no clear line as to what "morality" is. Each individual, each government has their take on what is moral. So who's right is it to say what is right and what is wrong? I do my best to support the freedom of even those whose opinions I do not agree with. Because when someone else's freedom is infringed upon then it's just a matter of time before my freedom is also infringed upon.

My very personal and biased answers to the questions asked:

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

In one word: yes. On the internet, the individual has more freedom to "switch off" what they don't want to view. Plus there are ways in which content providers can place restrictions so that minors etc cannot have access to controversial content. This is very personal to me because I currently have an online TV channel that shows content (rock music videos) that would normally not be shown on Kenyan TV.

2. Should the government be the morality cop when we as parents fail to do our duty?

In one word: no. The answer to this question is in the question :-) Parents/Caregivers need to do their duty.

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I have never watched nor plan to ever watch graphic Al-Shabaab videos but I still don't think they should have been taken down. Censorship is censorship. Today it will be graphic Al-Shabaab videos, tomorrow it will be "graphic" rock 'n' roll videos. Even graphic videos have a story to tell, a lesson to teach, a warning to give.

Just my two cents :-)

Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com

On Wed, Feb 24, 2016 at 9:00 AM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

Listers

This may be of interest.

http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a... <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html> index.html <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>

It has become increasingly important for we as a nation to define our parameters when it comes to content.

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

2. Should the government be the morality cop when we as parents fail to do our duty?

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I suspect there's no easy answer to these pressing issues.

Net Neutrality is becoming an issue that needs our attention - and quickly.

Ali Hussein Tel: +254 713 601113

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ultimateprogramer%40gm...

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.

-- *Ahmed Maawy* Executive Director - SwahiliBox / M-Power (CBO) Ambassador - Open Knowledge Director - Startup Grind Mombasa Software Developer - AJ+ / EveryLayer (KE) +254 714 960 627 Skype: ultimateprogramer swahilibox.co.ke www.okfn.org <http://okfn.org/> startupgrind.com ajplus.net www.everylayer.com

@Mo, it may be that we are not very clear as to what the law is as regards content, much less content online. And while there are some laws in the books, we seem to have chosen not not strictly implement them because morality is not a cut and dry standard. This particular case is interesting because bottom line, it regards one interpretation of the legality of homosexuality. Which brings us to the question of process. If a person (individual or corporate) is aggrieved by content, especially in a situation where there is no rough consensus as to whether such content is illegal, offensive or otherwise, how should we deal with that? Who should interpret the legality of content? In a roundabout answer to Ali's questions, maybe this kind of policing should have involved a judicial process (but not necessarily affidavits:). Regards, 2016-02-24 10:06 GMT+03:00 Mo Maina via kictanet < kictanet@lists.kictanet.or.ke>:

Hello listers,

Should this discussion instead focus on Google/Youtube obeying the laws of the land in which they operate? See https://en.wikipedia.org/wiki/Blocking_of_YouTube_videos_in_Germany for an example where some music videos on Youtube cannot be viewed in Germany because of copyright disputes. Second, is it necessary to talk of taking down the video when access in Kenya can be blocked since it violates the law?

Regards,

On Wed, Feb 24, 2016 at 6:28 AM, Ahmed Mohamed Maawy via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

The root cause of all this problem is the concept of universal moral values and individual moral values - the difference between a tolerating party and an imposing party. I think countries (and even corporations) need to do more of tolerate the individual moral values more than impose a universal moral code.

That said if we owned a video platform that would export content that is not deemed suitable for a bigger nation like the US, they would outright reject the content. I think to the same degree that needs to be paid back to other consumers for content coming out of the US.

On Wed, Feb 24, 2016 at 9:19 AM, Mildred Achoch via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

The major problem is that there is no clear line as to what "morality" is. Each individual, each government has their take on what is moral. So who's right is it to say what is right and what is wrong? I do my best to support the freedom of even those whose opinions I do not agree with. Because when someone else's freedom is infringed upon then it's just a matter of time before my freedom is also infringed upon.

My very personal and biased answers to the questions asked:

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

In one word: yes. On the internet, the individual has more freedom to "switch off" what they don't want to view. Plus there are ways in which content providers can place restrictions so that minors etc cannot have access to controversial content. This is very personal to me because I currently have an online TV channel that shows content (rock music videos) that would normally not be shown on Kenyan TV.

2. Should the government be the morality cop when we as parents fail to do our duty?

In one word: no. The answer to this question is in the question :-) Parents/Caregivers need to do their duty.

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I have never watched nor plan to ever watch graphic Al-Shabaab videos but I still don't think they should have been taken down. Censorship is censorship. Today it will be graphic Al-Shabaab videos, tomorrow it will be "graphic" rock 'n' roll videos. Even graphic videos have a story to tell, a lesson to teach, a warning to give.

Just my two cents :-)

Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com

On Wed, Feb 24, 2016 at 9:00 AM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

Listers

This may be of interest.

http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a... <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html> index.html <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>

It has become increasingly important for we as a nation to define our parameters when it comes to content.

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

2. Should the government be the morality cop when we as parents fail to do our duty?

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I suspect there's no easy answer to these pressing issues.

Net Neutrality is becoming an issue that needs our attention - and quickly.

Ali Hussein Tel: +254 713 601113

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ultimateprogramer%40gm...

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.

-- *Ahmed Maawy* Executive Director - SwahiliBox / M-Power (CBO) Ambassador - Open Knowledge Director - Startup Grind Mombasa Software Developer - AJ+ / EveryLayer (KE) +254 714 960 627 Skype: ultimateprogramer

swahilibox.co.ke www.okfn.org <http://okfn.org/> startupgrind.com ajplus.net www.everylayer.com

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mo.maina%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/nmutungu%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

-- Grace L.N. Mutung'u Nairobi Kenya Skype: gracebomu Twitter: @Bomu <http://www.diplointernetgovernance.org/profile/GraceMutungu> PGP ID : 0x33A3450F

I feel Mildred has put it quite aptly. Supporting her statement, most of these "moral" grievances arise from people going online, looking for specific content, then getting offended by it. In other words, for the video here to offend you, you must have gone out intentionally looking for it. It is not something that suddenly pops up when you are seated in a matatu. Another example, some other Kenyan may start recording videos of their religious stuff, and I may find them very offending to my personal beliefs. But would this be ground enough for me to advocate for suppression of that content? On Wednesday, 24 February 2016, Rosemary Koech-Kimwatu via kictanet < kictanet@lists.kictanet.or.ke> wrote:

I agree that the video should not show on local TV but in regards to online content I think the Kenya Film Classification Board has no jurisdiction and should have none. There has to be a clear distinction between content that is online which is viewed as a result of the choice of the viewer and where a user has an option to self censor as opposed to television content especially free to air services where the content may fall on innocent eyes.

On the issue of the government being a morality cop they cannot be entrusted with such a duty as they have seriously failed in regards moral thresholds. You can't decide to attack people of a particular orientation in the name of morality while at the same time tolerating corruption, political incitement, human trafficking, drug trafficking and abuse, sexual exploitation and gender violence . If (a very big if) they had succeeded on the former fronts then maybe we would bestow upon them them then the privilege of being the morality police based on the positive impact we would be sure to get. There is absolutely no evidence to prove they can handle the job.

Regards,

Rosemary Koech-Kimwatu Twitter: @TechWakili Tel: +254 718181644/771632344

On Wed, Feb 24, 2016 at 9:28 AM, Ahmed Mohamed Maawy via kictanet < kictanet@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@lists.kictanet.or.ke');>> wrote:

...

The root cause of all this problem is the concept of universal moral values and individual moral values - the difference between a tolerating party and an imposing party. I think countries (and even corporations) need to do more of tolerate the individual moral values more than impose a universal moral code.

That said if we owned a video platform that would export content that is not deemed suitable for a bigger nation like the US, they would outright reject the content. I think to the same degree that needs to be paid back to other consumers for content coming out of the US.

On Wed, Feb 24, 2016 at 9:19 AM, Mildred Achoch via kictanet < kictanet@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@lists.kictanet.or.ke');>> wrote:

...

The major problem is that there is no clear line as to what "morality" is. Each individual, each government has their take on what is moral. So who's right is it to say what is right and what is wrong? I do my best to support the freedom of even those whose opinions I do not agree with. Because when someone else's freedom is infringed upon then it's just a matter of time before my freedom is also infringed upon.

My very personal and biased answers to the questions asked:

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

In one word: yes. On the internet, the individual has more freedom to "switch off" what they don't want to view. Plus there are ways in which content providers can place restrictions so that minors etc cannot have access to controversial content. This is very personal to me because I currently have an online TV channel that shows content (rock music videos) that would normally not be shown on Kenyan TV.

2. Should the government be the morality cop when we as parents fail to do our duty?

In one word: no. The answer to this question is in the question :-) Parents/Caregivers need to do their duty.

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I have never watched nor plan to ever watch graphic Al-Shabaab videos but I still don't think they should have been taken down. Censorship is censorship. Today it will be graphic Al-Shabaab videos, tomorrow it will be "graphic" rock 'n' roll videos. Even graphic videos have a story to tell, a lesson to teach, a warning to give.

Just my two cents :-)

Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com

On Wed, Feb 24, 2016 at 9:00 AM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@lists.kictanet.or.ke');>> wrote:

...

Listers

This may be of interest.

http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a... <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html> index.html <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>

It has become increasingly important for we as a nation to define our parameters when it comes to content.

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

2. Should the government be the morality cop when we as parents fail to do our duty?

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I suspect there's no easy answer to these pressing issues.

Net Neutrality is becoming an issue that needs our attention - and quickly.

Ali Hussein Tel: +254 713 601113

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@lists.kictanet.or.ke');> https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@lists.kictanet.or.ke');> https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/ultimateprogramer%40gm...

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.

-- *Ahmed Maawy* Executive Director - SwahiliBox / M-Power (CBO) Ambassador - Open Knowledge Director - Startup Grind Mombasa Software Developer - AJ+ / EveryLayer (KE) +254 714 960 627 Skype: ultimateprogramer

swahilibox.co.ke www.okfn.org <http://okfn.org/> startupgrind.com ajplus.net www.everylayer.com

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke <javascript:_e(%7B%7D,'cvml','kictanet@lists.kictanet.or.ke');> https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/chemukoechk%40gmail.co...

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

-- with Regards: blog.denniskioko.com <http://www.denniskioko.com/>

Hello Mildred. Excellent points and just as you said, if you support the infringement of one's right then its only a matter of time before the axe is trained on yours. However, there is the element of promoting something that is illegal. Homosexuality is currently illegal in the country. The morality angle may be abit vague based on it's subjective nature but in terms of legality it is as clear as night and day. Whats your take on the matter being an online media stakeholder? Kind regards. ./ken The major problem is that there is no clear line as to what "morality" is. Each individual, each government has their take on what is moral. So who's right is it to say what is right and what is wrong? I do my best to support the freedom of even those whose opinions I do not agree with. Because when someone else's freedom is infringed upon then it's just a matter of time before my freedom is also infringed upon. My very personal and biased answers to the questions asked: 1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places? In one word: yes. On the internet, the individual has more freedom to "switch off" what they don't want to view. Plus there are ways in which content providers can place restrictions so that minors etc cannot have access to controversial content. This is very personal to me because I currently have an online TV channel that shows content (rock music videos) that would normally not be shown on Kenyan TV. 2. Should the government be the morality cop when we as parents fail to do our duty? In one word: no. The answer to this question is in the question :-) Parents/Caregivers need to do their duty. 3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims. I have never watched nor plan to ever watch graphic Al-Shabaab videos but I still don't think they should have been taken down. Censorship is censorship. Today it will be graphic Al-Shabaab videos, tomorrow it will be "graphic" rock 'n' roll videos. Even graphic videos have a story to tell, a lesson to teach, a warning to give. Just my two cents :-) Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com On Wed, Feb 24, 2016 at 9:00 AM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:

Listers

This may be of interest.

http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a... <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html> index.html <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>

It has become increasingly important for we as a nation to define our parameters when it comes to content.

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

2. Should the government be the morality cop when we as parents fail to do our duty?

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I suspect there's no easy answer to these pressing issues.

Net Neutrality is becoming an issue that needs our attention - and quickly.

Ali Hussein Tel: +254 713 601113

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%40gmail.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

KFCB should read the Streisand effect, where an attempt to hide or censor a piece of information gives it more publicity, as curious internet users want to see what is being hidden. On 24/02/2016, Mildred Achoch via kictanet <kictanet@lists.kictanet.or.ke> wrote:

Hi Ken,

Let me ask some questions in an attempt to answer your question (and at the risk of opening a can of worms)

1. Note: I don't know the details of the laws regarding homosexuality in Kenya. My question is: in Kenya, is it illegal to practice homosexuality or is it illegal to BE a homosexual?

2. Related to the above question, as an artist/creative/content producer whose role in society is to hold up a mirror using my art, is it illegal to portray what is already happening in society? Crime is illegal yet Nairobi Halflife was not banned. :-)

It goes back to the muddy issue of morality. It seems in Kenya, some crimes are deemed more hazardous than others and these skewed views trickle down to censorship parameters.

The issue of obeying the laws of the land is also muddy, especially in this age of globalization. Is my online TV channel, which is available only on the Internet, hosted by a foreign country and with majority of viewers being non-Kenyans, subject to the laws of Kenya (only)?

Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com

On Wed, Feb 24, 2016 at 9:31 AM, simiyu mse <kensimiyu@gmail.com> wrote:

...

Hello Mildred.

Excellent points and just as you said, if you support the infringement of one's right then its only a matter of time before the axe is trained on yours.

However, there is the element of promoting something that is illegal. Homosexuality is currently illegal in the country. The morality angle may be abit vague based on it's subjective nature but in terms of legality it is as clear as night and day.

Whats your take on the matter being an online media stakeholder?

Kind regards.

./ken The major problem is that there is no clear line as to what "morality" is. Each individual, each government has their take on what is moral. So who's right is it to say what is right and what is wrong? I do my best to support the freedom of even those whose opinions I do not agree with. Because when someone else's freedom is infringed upon then it's just a matter of time before my freedom is also infringed upon.

My very personal and biased answers to the questions asked:

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

In one word: yes. On the internet, the individual has more freedom to "switch off" what they don't want to view. Plus there are ways in which content providers can place restrictions so that minors etc cannot have access to controversial content. This is very personal to me because I currently have an online TV channel that shows content (rock music videos) that would normally not be shown on Kenyan TV.

2. Should the government be the morality cop when we as parents fail to do our duty?

In one word: no. The answer to this question is in the question :-) Parents/Caregivers need to do their duty.

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I have never watched nor plan to ever watch graphic Al-Shabaab videos but I still don't think they should have been taken down. Censorship is censorship. Today it will be graphic Al-Shabaab videos, tomorrow it will be "graphic" rock 'n' roll videos. Even graphic videos have a story to tell, a lesson to teach, a warning to give.

Just my two cents :-)

Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com

On Wed, Feb 24, 2016 at 9:00 AM, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:

...

Listers

This may be of interest.

http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a... <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html> index.html <http://www.businessdailyafrica.com/Corporate-News/Films-board-gives-Google-a-week-to-take-down-gay-song-video/-/539550/3089994/-/v8r0e2z/-/index.html>

It has become increasingly important for we as a nation to define our parameters when it comes to content.

1. Should we allow content online that we wouldn't even think about showing in our sitting rooms and public places?

2. Should the government be the morality cop when we as parents fail to do our duty?

3. Where does third party liability start and stop? There are precedents here by the way where Google has actually taken down graphic Al-Shabaab videos and the US Government ordering Google to take down the video - Innocence of Muslims.

I suspect there's no easy answer to these pressing issues.

Net Neutrality is becoming an issue that needs our attention - and quickly.

Ali Hussein Tel: +254 713 601113

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet

Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/kensimiyu%40gmail.com

The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.

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

-- ______________________ Mwendwa Kivuva, Nairobi, Kenya twitter.com/lordmwesh