Kenya IGF Online Discussions Day 1: Content Regulation on the Internet

Hi Victor & team,

I agree that defining what should be restricted is tough but the government
does need basic regulation that can be enforced.
Restricting access to pornography for children should actually be the
easiest part.The hard part is regulating and defining issues such as hate
speech and racism, cybercrime, privacy and spying considering at that point
we are dealing with smart intellectuals.
Social media platforms highly rely on community policing which helps to a
certain level depending on the community.
See below a link on how different governments are trying to manage content:
www.isoc.org/inet97/proceedings/B1/B1_3.HTM

Regards

On Tue, 10 Jul 2018, 6:45 pm Victor Kapiyo via kictanet, <
kictanet@lists.kictanet.or.ke> wrote:

> Content regulation unlike mathematics, cannot be applied so precisely and
> accurately as we do with our formulas. I think that sole efforts by
> governments to regulate usually end up being seen or become in actual fact
> censorship. We all do not have the same values or culture, and therefore,
> the big brother state will always find it difficult to regulate content in
> an environment where there is no similar appreciation of values or culture.
>
> In which case therefore, it is important for government to adopt a
> multiskakeholder approach and work closely with all the players including
> users, recognising their various roles. They can work with academia to
> define unlawful content e.g. child pornography; train law enforcement on
> ways of detecting, investigating and prosecuting case on such content; and
> work with ISPs and other internet intermediaries to provide tools to detect
> such content on their platforms, provide users with tools to report or
> block such content and, also educate users on the same. Simply making
> content a,b or c an offence is not enough in my view.
>
> *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 Tue, 10 Jul 2018 at 17:02, Barrack Otieno via kictanet <
> kictanet@lists.kictanet.or.ke> wrote:
>
>> Mercy,
>>
>> KFCB Should ensure that any policy dealing with content is subjected to a
>> multistakeholder process and that all relevant stakeholders are identified
>> and encouraged to participate in the Policy developement process.
>> Stakeholders in the content space have been complaining about inadequate
>> consultations.
>>
>> It is important for sector players to ensure that a multistakeholder
>> framework is in place as soon as possible. I would love to hear what media
>> practitioners, organozations that deal with child online protection amd
>> safety say.
>>
>> Best Regards
>>
>>
>>
>> On Tue, 10 Jul 2018 16:45 kanini mutemi via kictanet, <
>> kictanet@lists.kictanet.or.ke> wrote:
>>
>>>
>>> I also invite proposals on the way forward on content regulation on the
>>> internet. Are there commendable practices elsewhere we could look to?
>>>
>>> On Tue, Jul 10, 2018 at 3:26 PM, anyega jefferson via kictanet <
>>> kictanet@lists.kictanet.or.ke> wrote:
>>>
>>>> So, what am getting is the existing legal framework covers Internet
>>>> content or am wrong?
>>>>
>>>> On Tue, Jul 10, 2018 at 3:21 PM, kanini mutemi via kictanet <
>>>> kictanet@lists.kictanet.or.ke> wrote:
>>>>
>>>>> Thank you @Mwara for redirecting us to Article 33 of the Constitution
>>>>> on speech that is not protected. Here is the full text:
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> *(2

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