KICA Amendment- Regulation of Social Media

Thank you very much Mercy for moderating these timely discussions.

I wonder if it would make sense to also consider, more broadly, OTTs and how they contribute to the Internet value chain in a way that would contribute to, for example, the Communications Authority’s strategy for regulatory treatment of OTTs. The CA should ideally call for public discussions/contribution to these issues soon before these ill informed bills are tabled in parliament.

Best
Alice

> On Oct 23, 2019, at 05:07, kanini mutemi via kictanet <kictanet@lists.kictanet.or.ke> 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 <lordmwesh@gmail.com> 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 <kictanet@lists.kictanet.or.ke> 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 <mildandred@gmail.com> 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 <kaninimutemi@gmail.com> 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 <mildandred@gmail.com> 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 <kictanet@lists.kictanet.or.ke> 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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> —
> Mercy Mutemi, Advocate.
>
>
>
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>
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