KICA Amendment- Regulation of Social Media

The efforts to regulate and tax social media is one of the areas
highlighted in the CIPESA State of Internet Freedom Report 2019
<cipesa.org/fifafrica/wp-content/uploads/2016/05/Collaboration-on-International-ICT-Policy-for-East-and-Southern-Africa-SIFA-19.pdf>.
It is indeed an emerging trend across different countries, and governments
appear to be quickly learning from each other. One of the concerns noted in
the report is the fact that governments are increasingly becoming
intolerant to criticism, especially in the online context. This heightened
sensitivity by government officials, is in my view, unfounded.

My take is that when you take up public office, you must be ready to face
the heat from all sides because we can not always agree, especially where
there is wrongdoing. The response we are seeing e.g. in Tanzania to
regulate bloggers is just another attempt to muzzle free speech, and such
bad laws should be defied and defeated by right-thinking members of the
society. The originators of such bills must be reminded that Kenya has
since moved on from that dark news, and as citizens, we have no intention
of heading back there.

*Victor Kapiyo*
Partner | *Lawmark Partners LLP*
*Suite No. 8, Centro House, Westlands, Nairobi | **Web: www.lawmark.co.ke
<www.lawmark.co.ke> *
====================================================

*“Your attitude, not your aptitude, will determine your altitude” Zig
Ziglar*

On Wed, 23 Oct 2019 at 22:08, kanini mutemi via kictanet <
[email protected]> wrote:

> Thank you @Timothy.
>
> Are there any drawbacks to your proposal?
>
> @Mwara I think the purpose of the Bill is anybody’s guess at this time.
> But there are clues hidden in the amendments that show some cleverness on
> the MPs part. Eg:
>
> *841B. A licensee may collect, use, preserve, and share information of its
> user where it is reasonably necessary to respond to a legal process.*
>
> This could point to the never ending thirst to make user information
> available. This is not without severe constitutional consequences.
>
> On Wed, 23 Oct 2019 at 21:51, Timothy- Coach- Oriedo via kictanet <
> [email protected]> wrote:
>
>> Hi Listers,
>>
>> I did an article over a year ago offering a technical view around how the
>> government can monitize social media… Full article is on this link.. and
>> excerpt below
>>
>>
>> www.predictiveanalytics.co.ke/blog/big-data/facebook-key-take-away-for-our-local-context-from-mark-zuckerbergs-congressional-testimony/
>>
>>
>> We hence need to figure a way of tapping the growing revenues that
>> Facebook mops from our market. The first step to achieving that will be to
>> institute a Data Residency and Sovereignty legislation that will compel
>> Facebook and other platforms to domicile the data generated by our netizens
>> within our borders.
>> Secondly it will be to model a taxation model that could be based on the
>> absolute revenues that Facebook makes.
>> Here’s a breakdown of how much ad revenue Facebook generated per monthly
>> active user across the globe in 2017 (excluding revenue generated from
>> Instagram and WhatsApp):
>>
>> – US & Canada = $82.44
>> – Europe = $26.94
>> – Asia-Pacific = $8.86
>> – Rest of World = $6.15
>> – Worldwide = $19.84
>>
>> Kenya for instance falls under the rest of the world bracket and from the
>> latest State of the Internet Report by Bloggers Association Of Kenya BAKE
>> it indicates that we have an average of 8 Million active users on Facebook
>> meaning Facebook makes an average of over US$ 48 Million Dollars per month
>> from advertising in Kenyan territory this translates to Kshs4Billion
>>
>> On Wed, Oct 23, 2019, 8:54 PM mwara gichanga via kictanet <
>> [email protected]> wrote:
>>
>>> @Mercy thank you for taking lead on this very vital discussion
>>>
>>> Yes I do think its important to understand the intention of the bill and
>>> why Hon Injendi is pushing for it, to get a clear comprehension of it as
>>> misguided as it is
>>>
>>> Further the effects and ramifications of the bill include pushing the
>>> digital divide and exclusion deeper as wananchi specifically those
>>> classified as bloggers and social media platforms, will not only have to
>>> worry about issues of internet accessibility but also the affordability of
>>> its use, violating freedom of expression.
>>>
>>> On Wednesday, October 23, 2019, 3:08:59 PM GMT+3, kanini mutemi via
>>> kictanet <[email protected]> wrote:
>>>
>>>
>>> I see the comments coming in. Thank you.
>>>
>>> Here is more to ponder on:
>>>
>>> The Amendment will require that all bloggers register with the
>>> Commission (Read Communication Authority of Kenya) perhaps on the payment
>>> of a fee. Failure to register will be a criminal offense.
>>>
>>> So *1*. *Licensing of the social media platform*
>>> * 2. Registration of bloggers. *
>>>
>>> I like the question Mwendwa posed. What is news. If I’m walking by town
>>> and I witness an accident first hand- take a photo and break that
>>> information on my Whatsapp Status or Instagram stories or on Twitter- am I
>>> blogger? Will I have committed an offense?
>>>
>>> On Wed, 23 Oct 2019 at 14:55, Mwendwa Kivuva <[email protected]>
>>> wrote:
>>>
>>> According to the bill, \”*blogging\” means collecting, writing, editing
>>> and presenting of news or news articles in social media platforms or in the
>>> internet;*
>>>
>>>
>>> Anything that is not news is not a blog. The bill is defining blogging
>>> with the intention of regulating opinion on news. So that you would need a
>>> license to comment on any newsworthy event. Probably, the next question
>>> should be, what is the definition of News? Other questions are, if you blog
>>> fake news, will that also be blogging? Is fake news under the definition of
>>> blogging?
>>>
>>>
>>> *\”social media platforms\” includes online publishing and discussion,
>>> media sharing, blogging, social networking, document and data sharing
>>> repositories, social media applications, social bookmarking and widgets;*
>>>
>>> KICTAnet has a document repository for sharing policy briefs and
>>> reports. Does that make KICTAnet a social media platform? Will KICTAnet
>>> need a license to operate it\’s website?
>>>
>>> On Wed, Oct 23, 2019, 14:05 kanini mutemi via kictanet <
>>> [email protected]> wrote:
>>>
>>> Are we worried about the definition of ‘social media platform’
>>>
>>> The amendment proposes that for a social media platform to ‘operate’ in
>>> Kenya, they must seek a license. To get the license, they will have to
>>> comply with some obligations eg having an office in Kenya.
>>>
>>>
>>> On Wed, 23 Oct 2019 at 13:44, Mildred Achoch <[email protected]>
>>> wrote:
>>>
>>> I think posting on Twitter is covered under the term microblogging. My
>>> follow up question then is: does this include retweeting or liking someone
>>> else\’s tweet? If someone from another country criticizes a leader in Kenya,
>>> then I retweet this 280 character criticism, have I carried out the action
>>> of \”blogging\”?
>>>
>>> Regards,
>>> Mildred.
>>>
>>>
>>> On Wednesday, October 23, 2019, kanini mutemi <[email protected]>
>>> wrote:
>>>
>>> @Mildred,
>>>
>>> Thanks for starting us off.
>>>
>>> Would you say someone posting on Twitter (280 characters) would also
>>> fall under the broad definition of blogger? Drawing this from ‘*writing
>>> on social media platforms*’
>>>
>>> On Wed, 23 Oct 2019 at 13:21, Mildred Achoch <[email protected]>
>>> wrote:
>>>
>>> Dear Listers,
>>>
>>> First, thank you for the opportunity to discuss this. I have very many
>>> initial thoughts but let me begin with the definition of blogging. I think
>>> it is important to look at the history of blogging as this will expand the
>>> definition of the term beyond just news items. On the ground, many bloggers
>>> like myself don\’t even concern themselves with news. For example, I have a
>>> poetry blog that is largely inactive but is still a \”LOG\” of my previous
>>> creative activities.
>>>
>>> Wikipedia has outlined what a blog is:
>>> en.m.wikipedia.org/wiki/Blog
>>>
>>> If we are to follow the definition of blogging that is outlined in this
>>> bill, does it mean then that blogs which do not deal with news will be
>>> exempt? If a blog deals with the history of Kenya, is this still news or
>>> not? What about satire based on news items? Parody? Memes?
>>>
>>> Regards,
>>> Mildred Achoch.
>>>
>>>
>>> On Wednesday, October 23, 2019, kanini mutemi via kictanet <
>>> [email protected]> wrote:
>>>
>>> Good morning Listers,
>>>
>>> As GG had alerted us last week, there is a bill before the National
>>> Assembly that seeks to amend the Kenya Information and Communication Act by
>>> including a part on Regulation of Social Media.
>>>
>>> I will lead us on a discussion on this Bill.
>>>
>>> Between 2016 to date, we have seen many attempts to regulate social
>>> media conduct. Interestingly, one such attempt, the Computer Misuse and
>>> Cybercrimes Act, where many of its sections on regulation of social media,
>>> have been suspended is coming up for hearing today. Now we tackle yet
>>> another attempt to ‘fix’ social media.
>>>
>>> To start with, I will post the definitions proposed in the bill of the
>>> word ‘social media platform’ and ‘blogging’:
>>>
>>> \”*blogging\” means collecting, writing, editing and presenting of news
>>> or news articles in social media platforms or in the internet;*
>>>
>>> *\”social media platforms\” includes online publishing and discussion,
>>> media sharing, blogging, social networking, document and data sharing
>>> repositories, social media applications, social bookmarking and widgets;*
>>>
>>> What are your initial thoughts? What ‘problem’ is Hon. Injendi trying to
>>> fix with this bill? Who will fall under those definitions? Contributions
>>> are welcome.
>>>
>>>
>>> —
>>> *Mercy Mutemi, Advocate*.
>>>
>>>
>>>
>>>
>>>
>>> —
>>> Check out the Rock \’n\’ roll film festival, Kenya TV Channel!
>>> kenyarockfilmfestivaljournal.blogspot.com
>>>
>>>
>>>
>>> —
>>> *Mercy Mutemi, Advocate*.
>>>
>>>
>>>
>>>
>>>
>>> —
>>> Check out the Rock \’n\’ roll film festival, Kenya TV Channel!
>>> kenyarockfilmfestivaljournal.blogspot.com
>>>
>>>
>>>
>>> —
>>> *Mercy Mutemi, Advocate*.
>>>
>>>
>>>
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>>>
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>>>
>>> —
>>> *Mercy Mutemi, Advocate*.
>>>
>>>
>>>
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>>> sector in support of the national aim of ICT enabled growth and development.
>>>
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>>> 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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>> _______________________________________________
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>> 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.
>>
> —
> *Mercy Mutemi, Advocate*.
>
>
>
> _______________________________________________
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>
> 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.
>

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