Controversial Cyber-crime Law Passed In Kenya

Kenya has approved a contentious new cyber-crimes law that threatens serious penalties for people that abuse others via social media which some critics say could be used to suppress freedom of expression.
Among other things are the computer and cyber-crimes legislation, that was signed by President Uhuru Kenyatta into law in the middle of the week. "It a crime to publish so-called false information, with heavy fines and prison terms for those found guilty.
The law does not really define false information, it only says that it's a criminal offense to intentionally publish false, deceptive or fictitious information on purpose. Violators may be charged with two years prison terms or fines of up to almost $50,000 or both.
"There was a push to get this bill in place, especially with some of the nuisances that come in with the use this technology, which makes some people insecure because of cyber-bullying. while some are losing money, others are writing fake news about them." Joe Mucheru. Kenya's cabinet secretary for information, communication, and technology said. He also added his ministry spent more than two years getting the bill through parliament!
"Mr. Mucheru stated that The social media technology is changing lives, and there is a need for laws, The Constitution details clearly the freedoms of media, so "this law has not gone against any of the constitutional requirements that we have already in place."

Freedom House, an international watchdog for democracy, responded with a statement calling the new cybercrimes law "another step backward for media freedom and online expression in Kenya."
it added “By criminalizing the publication of ‘false’ information, the government has overstepped its bounds and become an arbiter of truth on the internet," The group's regional project director for East and Horn of Africa, Morris Odhiambo, said in the statement. "The law’s broadly worded provisions and possible jail terms are ripe for abuse by public officials looking to silence critical reporting online." Mr. Odhiambo gave an example stating the Kenyan government's temporary closure of three media groups in January.
The week before, the Committee to Protect Journalists released a statement urging Kenyatta against signing the bill, saying it would "stifle press freedom."
Angela Quintal, CPJ's Africa program coordinator, said that the legislation "will criminalize free speech, with journalists and bloggers likely to be among the first victims if it is signed into law."

Robert Alai, a Kenyan blogger who has been arrested several times for his comments on social media, considers the law too imprecise. He said, "When you talk of fake news, this is an issue still under discussion,". No state has clearly cited what is fake news. Something which is fake to me may not be fake to you. Some people brand everything they do not agree with as fake news. The law is not fair.”
He also added that aspects of the law would greatly affect Kenyans' freedom of expression.
“The real media now is the individual who is holding a phone. That is the media which is going to be affected," he said. "That is the media which is trying to be intimidated by this law.”

The law outlines crimes such as cyber-espionage, identity theft, and child pornography and mandates long prison terms and heavy fines for those found guilty. The new law also allows authorities to search and seize stored computer data, and to collect and intercept data in real time.

Source: [voanews.com]

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