MAY 30, 2018
Kenyan court blocks new online rules after free speech petition
NAIROBI (Reuters) - A new cybercrime law came into force in Kenya on Wednesday, but without a ban on “false” information, after bloggers and journalists won a court order blocking rules they said could curtail free expression.
The Computer Misuse and Cybercrimes Act, signed by President Uhuru Kenyatta two weeks ago, is aimed at addressing online abuse that was not covered by laws that predated the proliferation of social media.
But the Bloggers Association of Kenya (BAKE) and the Kenya Union of Journalists (KUJ) successfully petitioned a court to block parts of it.
On Tuesday, high court judge Chacha Mwita listed 26 sections of the law as regulations that would affect fundamental rights and freedoms and granted “conservatory orders” preventing anyone being charged under those clauses, pending a definitive ruling on July 18.
BAKE director James Wamathai said: “These sections purport to regulate false news but unfortunately that is against the constitution ... there are existing laws to remedy cases when someone is lying, we don’t need this.”
Other parts of the law penalize cyber-espionage and child pornography.
Judge Chacha Mwita has declared that the following sections are suspended until the case is heard:
Section 5 – Composition of the National Computer and Cybercrimes Coordination Committee
Section 16- Unauthorised interference
Section 17- Unauthorized interception
Section 22 – False publications
Section 23 – Publication of false information
Section 24- Child pornography
Section 27 – Cyber harassment
Section 28 – Cybersquatting
Section 29 – Identity theft and impersonation
Section 31 – Interception of electronic messages or money transfers
Section 32 – Willful misdirection of electronic messages
Section 33 – Cyber terrorism
Section 34 – Inducement to deliver electronic message
Section 35- Intentionally withholding message delivered erroneously
Section 36 – Unlawful destruction of electronic messages
Section 37- Wrongful distribution of obscene or intimate images.
Section 38- Fraudlent use of electronic data
Section 39- Issuance of false e-instructions
Section 40- Reportng of cyber threat
Section 41- Employee responsibility to relinquish access condes
Section 48 – Search and seizure of stored computer data
Section 49 – Record of and access to seized data
Section 50 – Production order
Section 51- Expedited preservation and partial disclosure of traffic data
Section 52 – Real-time collection of traffic data
Section 53- Interception of content data
Other East African countries have passed laws that activists complain curtail free expression.
Tanzania’s government won a court case on Tuesday against opponents of new regulations that require bloggers and activists to pay a license fee of up to $900 and disclose their financial backers.
In April, Uganda announced plans to tax social media users.
Kenyan court blocks new online rules after free speech petition