Communications Licencing Act
Listers, Good morning, I'm reading this story on Daily Nation, www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953, and accorind to the charges, Alai violated the Communication Licencing Act. My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act? Thanks
Solomon & listers I hate to say this but something like this was bound to happen sooner or later to Robert. There seems to be a belief that some bloggers cannot be held responsible for some of the toxic stuff they write online. Beyond the act there are still laws against abuse and its about time that we take responsibility for what we do and not hide behind some obscure online credos that say you can get away with anything you write online. Me thinks that the same principals that apply offline should apply online. For example if you abuse me offline there are laws against that. Why should it be different online? After all shouldn't the same laws protect the one being abused? I know this may not be a popular thing to say right now but some one needs to say it.. Ali Hussein +254 773/713 601113 Sent from my iPhone® On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
Good morning,
I'm reading this story on Daily Nation, www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953, and accorind to the charges, Alai violated the Communication Licencing Act.
My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act?
Thanks
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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.
Ali et al, I like that argument, which is penned on responsibilities. There is no shortcut to that. I'm asking all these because a while ago there was a lister who asked issues regarding cohesion and it was pointed out that the NCIC (?) Act might have been passed by time since its enactment a while back. So that means it needs an ovehaul, to address emerging issues. Also, in this case of Alai, I retweeted what he said about Dr. Mutua, does it make me an accessory? I remember immediately after Dr. Ndemo banned live broadcast in 2008, he said some messages that flared ethnic tensions were forwarded through as text messages over cell phones, adding that all who sent or forwarded the messages are bound to be prosecuted, until the originator of the message is found. I'm just concerned because I might have retweeted or even shared on facebook a post that could be categorised cromibal in nature. The quoted Communications Licensing Act, if it exists, really need to be availed so that we can have a look at it. And a just by the way, Robert Alai is alleged to operate the @KenyaPolice twitter account, is that a crime too, considering that there are online (Twitter mostly) parodies of Mwai Kibaki, Francis Atwoli, Alfred Mutua etc! Regards, Solomon On 23/08/2012, Ali Hussein <ali@hussein.me.ke> wrote:
Solomon & listers
I hate to say this but something like this was bound to happen sooner or later to Robert.
There seems to be a belief that some bloggers cannot be held responsible for some of the toxic stuff they write online. Beyond the act there are still laws against abuse and its about time that we take responsibility for what we do and not hide behind some obscure online credos that say you can get away with anything you write online.
Me thinks that the same principals that apply offline should apply online. For example if you abuse me offline there are laws against that. Why should it be different online? After all shouldn't the same laws protect the one being abused?
I know this may not be a popular thing to say right now but some one needs to say it..
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
Good morning,
I'm reading this story on Daily Nation, www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953, and accorind to the charges, Alai violated the Communication Licencing Act.
My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act?
Thanks
_______________________________________________ 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/info%40alyhussein.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.
I think Robert Alai can be charged under section 29 of the Kenya Information and Communication Act CAP 411A revised 2009. The Section talks about Improper use of a telecommunication system (A phone ,Computer/Internet etc) 29. A person who by means of a licensed telecommunication system— (a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or (b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both. You also raised the issue of re tweeting or forwarding a message. Under Defamation Law any one who repeats a defamatory publication or statement is liable. So for example if you write a book which has defamatory statements and the affected person decides to sue he can sue the author,the publisher,the bookshop,a library that stocks the book or even the street vendor. So in this case if you re-tweet or forward an sms you are just as liable as the originator of the tweet or sms. I am a law student and not a lawyer yet....so my facts might be wrong ...but that is just my opinion based on my limited understanding of the matter. Thanks On Thu, Aug 23, 2012 at 9:33 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com>wrote:
Ali et al,
I like that argument, which is penned on responsibilities. There is no shortcut to that.
I'm asking all these because a while ago there was a lister who asked issues regarding cohesion and it was pointed out that the NCIC (?) Act might have been passed by time since its enactment a while back. So that means it needs an ovehaul, to address emerging issues. Also, in this case of Alai, I retweeted what he said about Dr. Mutua, does it make me an accessory? I remember immediately after Dr. Ndemo banned live broadcast in 2008, he said some messages that flared ethnic tensions were forwarded through as text messages over cell phones, adding that all who sent or forwarded the messages are bound to be prosecuted, until the originator of the message is found. I'm just concerned because I might have retweeted or even shared on facebook a post that could be categorised cromibal in nature. The quoted Communications Licensing Act, if it exists, really need to be availed so that we can have a look at it. And a just by the way, Robert Alai is alleged to operate the @KenyaPolice twitter account, is that a crime too, considering that there are online (Twitter mostly) parodies of Mwai Kibaki, Francis Atwoli, Alfred Mutua etc!
Regards,
Solomon
On 23/08/2012, Ali Hussein <ali@hussein.me.ke> wrote:
Solomon & listers
I hate to say this but something like this was bound to happen sooner or later to Robert.
There seems to be a belief that some bloggers cannot be held responsible for some of the toxic stuff they write online. Beyond the act there are still laws against abuse and its about time that we take responsibility for what we do and not hide behind some obscure online credos that say you can get away with anything you write online.
Me thinks that the same principals that apply offline should apply online. For example if you abuse me offline there are laws against that. Why should it be different online? After all shouldn't the same laws protect the one being abused?
I know this may not be a popular thing to say right now but some one needs to say it..
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
Good morning,
I'm reading this story on Daily Nation,
www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953 ,
and accorind to the charges, Alai violated the Communication Licencing Act.
My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act?
Thanks
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet
Unsubscribe or change your options at
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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
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mcdonaldoj%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.
Listers, The Communication Licencing Act does not exist in the laws of Kenya. I guess the nation writer meant the KIC Act, rightly quoted below. Cheers. Victor On 23 August 2012 10:11, Joseph McDonald <mcdonaldoj@gmail.com> wrote:
I think Robert Alai can be charged under section 29 of the Kenya Information and Communication Act CAP 411A revised 2009.
The Section talks about Improper use of a telecommunication system (A phone ,Computer/Internet etc)
29. A person who by means of a licensed telecommunication system— (a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character;
or
(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.
You also raised the issue of re tweeting or forwarding a message.
Under Defamation Law any one who repeats a defamatory publication or statement is liable.
So for example if you write a book which has defamatory statements and the affected person decides to sue he can sue the author,the publisher,the bookshop,a library that stocks the book or even the street vendor.
So in this case if you re-tweet or forward an sms you are just as liable as the originator of the tweet or sms.
I am a law student and not a lawyer yet....so my facts might be wrong ...but that is just my opinion based on my limited understanding of the matter.
Thanks
On Thu, Aug 23, 2012 at 9:33 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com
wrote:
Ali et al,
I like that argument, which is penned on responsibilities. There is no shortcut to that.
I'm asking all these because a while ago there was a lister who asked issues regarding cohesion and it was pointed out that the NCIC (?) Act might have been passed by time since its enactment a while back. So that means it needs an ovehaul, to address emerging issues. Also, in this case of Alai, I retweeted what he said about Dr. Mutua, does it make me an accessory? I remember immediately after Dr. Ndemo banned live broadcast in 2008, he said some messages that flared ethnic tensions were forwarded through as text messages over cell phones, adding that all who sent or forwarded the messages are bound to be prosecuted, until the originator of the message is found. I'm just concerned because I might have retweeted or even shared on facebook a post that could be categorised cromibal in nature. The quoted Communications Licensing Act, if it exists, really need to be availed so that we can have a look at it. And a just by the way, Robert Alai is alleged to operate the @KenyaPolice twitter account, is that a crime too, considering that there are online (Twitter mostly) parodies of Mwai Kibaki, Francis Atwoli, Alfred Mutua etc!
Regards,
Solomon
On 23/08/2012, Ali Hussein <ali@hussein.me.ke> wrote:
Solomon & listers
I hate to say this but something like this was bound to happen sooner or later to Robert.
There seems to be a belief that some bloggers cannot be held responsible for some of the toxic stuff they write online. Beyond the act there are still laws against abuse and its about time that we take responsibility for what we do and not hide behind some obscure online credos that say you can get away with anything you write online.
Me thinks that the same principals that apply offline should apply online. For example if you abuse me offline there are laws against that. Why should it be different online? After all shouldn't the same laws protect the one being abused?
I know this may not be a popular thing to say right now but some one needs to say it..
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
Good morning,
I'm reading this story on Daily Nation,
www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953 ,
and accorind to the charges, Alai violated the Communication Licencing Act.
My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act?
Thanks
_______________________________________________ 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/info%40alyhussein.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
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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
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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.
-- Victor Kapiyo, LL.B ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar *
Hi Joseph, Thanks a million for the concise analysis of the issue and for this I am more informed. Please do not play down your ability, until you mentioned it I am sure no one thought you where a student keep it up we need lawyers who can articulate tech. Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696 ________________________________ From: Joseph McDonald <mcdonaldoj@gmail.com> To: robertyawe@yahoo.co.uk Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thursday, 23 August 2012, 10:11 Subject: Re: [kictanet] Communications Licencing Act I think Robert Alai can be charged under section 29 of the Kenya Information and Communication Act CAP 411A revised 2009. The Section talks about Improper use of a telecommunication system (A phone ,Computer/Internet etc) 29. A person who by means of a licensed telecommunication system— (a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or (b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both. You also raised the issue of re tweeting or forwarding a message. Under Defamation Law any one who repeats a defamatory publication or statement is liable. So for example if you write a book which has defamatory statements and the affected person decides to sue he can sue the author,the publisher,the bookshop,a library that stocks the book or even the street vendor. So in this case if you re-tweet or forward an sms you are just as liable as the originator of the tweet or sms. I am a law student and not a lawyer yet....so my facts might be wrong ...but that is just my opinion based on my limited understanding of the matter. Thanks On Thu, Aug 23, 2012 at 9:33 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote: Ali et al,
I like that argument, which is penned on responsibilities. There is no shortcut to that.
I'm asking all these because a while ago there was a lister who asked issues regarding cohesion and it was pointed out that the NCIC (?) Act might have been passed by time since its enactment a while back. So that means it needs an ovehaul, to address emerging issues. Also, in this case of Alai, I retweeted what he said about Dr. Mutua, does it make me an accessory? I remember immediately after Dr. Ndemo banned live broadcast in 2008, he said some messages that flared ethnic tensions were forwarded through as text messages over cell phones, adding that all who sent or forwarded the messages are bound to be prosecuted, until the originator of the message is found. I'm just concerned because I might have retweeted or even shared on facebook a post that could be categorised cromibal in nature. The quoted Communications Licensing Act, if it exists, really need to be availed so that we can have a look at it. And a just by the way, Robert Alai is alleged to operate the @KenyaPolice twitter account, is that a crime too, considering that there are online (Twitter mostly) parodies of Mwai Kibaki, Francis Atwoli, Alfred Mutua etc!
Regards,
Solomon
On 23/08/2012, Ali Hussein <ali@hussein.me.ke> wrote:
Solomon & listers
I hate to say this but something like this was bound to happen sooner or later to Robert.
There seems to be a belief that some bloggers cannot be held responsible for some of the toxic stuff they write online. Beyond the act there are still laws against abuse and its about time that we take responsibility for what we do and not hide behind some obscure online credos that say you can get away with anything you write online.
Me thinks that the same principals that apply offline should apply online. For example if you abuse me offline there are laws against that. Why should it be different online? After all shouldn't the same laws protect the one being abused?
I know this may not be a popular thing to say right now but some one needs to say it..
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
Good morning,
I'm reading this story on Daily Nation, www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953, and accorind to the charges, Alai violated the Communication Licencing Act.
My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act?
Thanks
_______________________________________________ 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/info%40alyhussein.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/mcdonaldoj%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/robertyawe%40yahoo.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.
Thank you all for the input. At least now, I'm in the know concerning how to behave while online. On 23 August 2012 18:29, robert yawe <robertyawe@yahoo.co.uk> wrote:
Hi Joseph,
Thanks a million for the concise analysis of the issue and for this I am more informed.
Please do not play down your ability, until you mentioned it I am sure no one thought you where a student keep it up we need lawyers who can articulate tech.
Regards
Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya
Tel: +254722511225, +254202010696 ------------------------------ *From:* Joseph McDonald <mcdonaldoj@gmail.com> *To:* robertyawe@yahoo.co.uk *Cc:* KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> *Sent:* Thursday, 23 August 2012, 10:11 *Subject:* Re: [kictanet] Communications Licencing Act
I think Robert Alai can be charged under section 29 of the Kenya Information and Communication Act CAP 411A revised 2009.
The Section talks about Improper use of a telecommunication system (A phone ,Computer/Internet etc)
29. A person who by means of a licensed telecommunication system— (a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character;
or
(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.
You also raised the issue of re tweeting or forwarding a message.
Under Defamation Law any one who repeats a defamatory publication or statement is liable.
So for example if you write a book which has defamatory statements and the affected person decides to sue he can sue the author,the publisher,the bookshop,a library that stocks the book or even the street vendor.
So in this case if you re-tweet or forward an sms you are just as liable as the originator of the tweet or sms.
I am a law student and not a lawyer yet....so my facts might be wrong ...but that is just my opinion based on my limited understanding of the matter.
Thanks
On Thu, Aug 23, 2012 at 9:33 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com
wrote:
Ali et al,
I like that argument, which is penned on responsibilities. There is no shortcut to that.
I'm asking all these because a while ago there was a lister who asked issues regarding cohesion and it was pointed out that the NCIC (?) Act might have been passed by time since its enactment a while back. So that means it needs an ovehaul, to address emerging issues. Also, in this case of Alai, I retweeted what he said about Dr. Mutua, does it make me an accessory? I remember immediately after Dr. Ndemo banned live broadcast in 2008, he said some messages that flared ethnic tensions were forwarded through as text messages over cell phones, adding that all who sent or forwarded the messages are bound to be prosecuted, until the originator of the message is found. I'm just concerned because I might have retweeted or even shared on facebook a post that could be categorised cromibal in nature. The quoted Communications Licensing Act, if it exists, really need to be availed so that we can have a look at it. And a just by the way, Robert Alai is alleged to operate the @KenyaPolice twitter account, is that a crime too, considering that there are online (Twitter mostly) parodies of Mwai Kibaki, Francis Atwoli, Alfred Mutua etc!
Regards,
Solomon
On 23/08/2012, Ali Hussein <ali@hussein.me.ke> wrote:
Solomon & listers
I hate to say this but something like this was bound to happen sooner or later to Robert.
There seems to be a belief that some bloggers cannot be held responsible for some of the toxic stuff they write online. Beyond the act there are still laws against abuse and its about time that we take responsibility for what we do and not hide behind some obscure online credos that say you can get away with anything you write online.
Me thinks that the same principals that apply offline should apply online. For example if you abuse me offline there are laws against that. Why should it be different online? After all shouldn't the same laws protect the one being abused?
I know this may not be a popular thing to say right now but some one needs to say it..
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
Good morning,
I'm reading this story on Daily Nation,
www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953 ,
and accorind to the charges, Alai violated the Communication Licencing Act.
My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act?
Thanks
_______________________________________________ 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/info%40alyhussein.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.
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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.
Above all, there is the constitution of course which, at Article 35 secures all of us the right to access information but makes clear that everyone is entitled to dignity and protection of his reputation and correction or deletion of false and misleading information. There is no heroism to defaming anyone. Its highly actionable esp if that defamation is connected to a capital offence such as murder, as is alleged by Alai. See defamation Act, 1990- the penalty is not less than a million bob and a stiff jail term. That should be a deterrent to careless speech/expression such as is writ large on social media. David Sent from my BlackBerry® -----Original Message----- From: robert yawe <robertyawe@yahoo.co.uk> Sender: "kictanet" <kictanet-bounces+dmakali=yahoo.com@lists.kictanet.or.ke> Date: Thu, 23 Aug 2012 16:29:07 To: <dmakali@yahoo.com> Reply-To: robert yawe <robertyawe@yahoo.co.uk> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Communications Licencing Act _______________________________________________ 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/dmakali%40yahoo.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
Listers, Some months back, news reported that another blogger (Dennis Itumbi) was charged (and later discharged) with misuse of a communication system/hacking under KICA. While I agree that misuse of communication is an offence, I would have thought that the intention of section 29 was to protect against misuse,public order and not abuses. Recent practice has been that criminal defamation is hardly the course of action as those who feel violated by others' publications sue them (civil defamation) The problem with invoking section 29 of KICA is that it can easily be used to threaten freedom of expression where the powerful can use their influence to institute criminal proceedings. So this section is a double edged sword and a cause for concern. 2012/8/23 Sound Africa Ltd <dmakali@yahoo.com>
Above all, there is the constitution of course which, at Article 35 secures all of us the right to access information but makes clear that everyone is entitled to dignity and protection of his reputation and correction or deletion of false and misleading information. There is no heroism to defaming anyone.
Its highly actionable esp if that defamation is connected to a capital offence such as murder, as is alleged by Alai. See defamation Act, 1990- the penalty is not less than a million bob and a stiff jail term. That should be a deterrent to careless speech/expression such as is writ large on social media.
David
Sent from my BlackBerry®
-----Original Message----- From: robert yawe <robertyawe@yahoo.co.uk> Sender: "kictanet" <kictanet-bounces+dmakali= yahoo.com@lists.kictanet.or.ke> Date: Thu, 23 Aug 2012 16:29:07 To: <dmakali@yahoo.com> Reply-To: robert yawe <robertyawe@yahoo.co.uk> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Communications Licencing Act
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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
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Grace L.N. Mutung'u (Bomu) Kenya Skype: gracebomu Twitter: @Bomu Website: http://www.diplointernetgovernance.org/profile/GraceMutungu
Solomon A few weeks back while discussing Internet Governance issues and intermediary liability this issue came up. My take is this. When in doubt ask yourself whether the action you are about to engage in (e.g. Retweeting) will pass muster in our 'normal' daily lives. So for example if someone abused another in a party would you 'parrot' the same immediately after? After all isn't retweeting akin to parroting? Sorry but that in my opinion is logic. Sometimes we lay too much emphasis on laws that are supposed to regulate us. In my humble opinion if you follow the laws of natural justice you will usually (admittedly not always) find that it is hard to go afoul of the law. However, there are bloggers whose business model is to drive traffic to their blogs and sell advertising against those eyeballs. That business model is one's prerogative and there are laws to protect that blogger's right to free expression....just as there are laws to protect the aggrieved party. I say for those who do this they can role the dice and see what comes up. That I'm afraid is also true of free speech and enterprise. My two cents Ali Hussein +254 773/713 601113 Sent from my iPhone® On Aug 23, 2012, at 9:33 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Ali et al,
I like that argument, which is penned on responsibilities. There is no shortcut to that.
I'm asking all these because a while ago there was a lister who asked issues regarding cohesion and it was pointed out that the NCIC (?) Act might have been passed by time since its enactment a while back. So that means it needs an ovehaul, to address emerging issues. Also, in this case of Alai, I retweeted what he said about Dr. Mutua, does it make me an accessory? I remember immediately after Dr. Ndemo banned live broadcast in 2008, he said some messages that flared ethnic tensions were forwarded through as text messages over cell phones, adding that all who sent or forwarded the messages are bound to be prosecuted, until the originator of the message is found. I'm just concerned because I might have retweeted or even shared on facebook a post that could be categorised cromibal in nature. The quoted Communications Licensing Act, if it exists, really need to be availed so that we can have a look at it. And a just by the way, Robert Alai is alleged to operate the @KenyaPolice twitter account, is that a crime too, considering that there are online (Twitter mostly) parodies of Mwai Kibaki, Francis Atwoli, Alfred Mutua etc!
Regards,
Solomon
On 23/08/2012, Ali Hussein <ali@hussein.me.ke> wrote:
Solomon & listers
I hate to say this but something like this was bound to happen sooner or later to Robert.
There seems to be a belief that some bloggers cannot be held responsible for some of the toxic stuff they write online. Beyond the act there are still laws against abuse and its about time that we take responsibility for what we do and not hide behind some obscure online credos that say you can get away with anything you write online.
Me thinks that the same principals that apply offline should apply online. For example if you abuse me offline there are laws against that. Why should it be different online? After all shouldn't the same laws protect the one being abused?
I know this may not be a popular thing to say right now but some one needs to say it..
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
Good morning,
I'm reading this story on Daily Nation, www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953, and accorind to the charges, Alai violated the Communication Licencing Act.
My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act?
Thanks
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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.
Solomon, et al, A few points to note: 1. Ignorance of the law is no defence or excuse for that matter. 2. All the laws of Kenya can be found here: www.kenyalaw.org 3. The law applies to everyone within its jurisdiction - so it really matters not whether the act or omission was in real-space or cyber-space, so long as the first criteria has been met. 4. The law is an ass. Cheers Victor On 23 August 2012 10:28, Ali Hussein <ali@hussein.me.ke> wrote:
Solomon
A few weeks back while discussing Internet Governance issues and intermediary liability this issue came up.
My take is this. When in doubt ask yourself whether the action you are about to engage in (e.g. Retweeting) will pass muster in our 'normal' daily lives. So for example if someone abused another in a party would you 'parrot' the same immediately after? After all isn't retweeting akin to parroting? Sorry but that in my opinion is logic.
Sometimes we lay too much emphasis on laws that are supposed to regulate us. In my humble opinion if you follow the laws of natural justice you will usually (admittedly not always) find that it is hard to go afoul of the law.
However, there are bloggers whose business model is to drive traffic to their blogs and sell advertising against those eyeballs. That business model is one's prerogative and there are laws to protect that blogger's right to free expression....just as there are laws to protect the aggrieved party. I say for those who do this they can role the dice and see what comes up. That I'm afraid is also true of free speech and enterprise.
My two cents
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Aug 23, 2012, at 9:33 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Ali et al,
I like that argument, which is penned on responsibilities. There is no shortcut to that.
I'm asking all these because a while ago there was a lister who asked issues regarding cohesion and it was pointed out that the NCIC (?) Act might have been passed by time since its enactment a while back. So that means it needs an ovehaul, to address emerging issues. Also, in this case of Alai, I retweeted what he said about Dr. Mutua, does it make me an accessory? I remember immediately after Dr. Ndemo banned live broadcast in 2008, he said some messages that flared ethnic tensions were forwarded through as text messages over cell phones, adding that all who sent or forwarded the messages are bound to be prosecuted, until the originator of the message is found. I'm just concerned because I might have retweeted or even shared on facebook a post that could be categorised cromibal in nature. The quoted Communications Licensing Act, if it exists, really need to be availed so that we can have a look at it. And a just by the way, Robert Alai is alleged to operate the @KenyaPolice twitter account, is that a crime too, considering that there are online (Twitter mostly) parodies of Mwai Kibaki, Francis Atwoli, Alfred Mutua etc!
Regards,
Solomon
On 23/08/2012, Ali Hussein <ali@hussein.me.ke> wrote:
Solomon & listers
I hate to say this but something like this was bound to happen sooner or later to Robert.
There seems to be a belief that some bloggers cannot be held responsible for some of the toxic stuff they write online. Beyond the act there are still laws against abuse and its about time that we take responsibility for what we do and not hide behind some obscure online credos that say you can get away with anything you write online.
Me thinks that the same principals that apply offline should apply online. For example if you abuse me offline there are laws against that. Why should it be different online? After all shouldn't the same laws protect the one being abused?
I know this may not be a popular thing to say right now but some one needs to say it..
Ali Hussein
+254 773/713 601113
Sent from my iPhone®
On Aug 23, 2012, at 8:38 AM, Solomon Mbũrũ Kamau <solo.mburu@gmail.com> wrote:
Listers,
Good morning,
I'm reading this story on Daily Nation,
www.nation.co.ke/News/Blogger+denies+abusing+Mutua/-/1056/1485226/-/10imd12z/-/index.html#comment-626158953 ,
and accorind to the charges, Alai violated the Communication Licencing Act.
My questions: 1. What exactly did he violate in the Act? 2. Where can one get (a soft copy of) the said Act? 3. Is this law same as the Kenya Communication (Amendment) Act?
Thanks
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https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.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
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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.
-- Victor Kapiyo, LL.B ==================================================== *“Your attitude, not your aptitude, will determine your altitude” Zig Ziglar *
participants (7)
-
Ali Hussein -
Grace Mutung'u (Bomu) -
Joseph McDonald -
robert yawe -
Solomon Mbũrũ Kamau -
Sound Africa Ltd -
Victor Kapiyo