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The fight against controversial computer law now headed to Court
By Dominic Omondi
Published: May 19th 2018 at 23:39, Updated: May 19th 2018 at 23:39
A battery of journalists await the world cup at the Jomo Kenyatta International airport in Nairobi on 26th Feb, 2018
SUMMARY
Section 23, provides for a Sh5 million fine or a jail-term of three years for spreading false news
LSK says law infringes on fundamental human rights such as the right to privacy, freedom, conscience and right to information
?The State is headed for a legal battle with critics of the controversial Computer Misuse and Cyber-Crimes Act, 2018, who want the Judiciary to declare it unconstitutional.
Lawyers, bloggers, editors, journalists and the civil society are some of the players preparing to file petitions in court over the law that they insist will stifle freedom of expression.
The Law Society of Kenya (LSK) noted that the law infringes on human rights such as the right to privacy, freedom, conscience and right to information. Boniface Akusula, convener of public litigation committee at LSK, said they will be challenging the law as it “smirks of unconstitutionality.”
ALSO READ: Careful on that tweet, it could cost you Sh5m
Mr Akusula said they will try to convince the courts to declare the new law, which also criminalises spreading of fake news, null and void. They are also concerned that the law shifts the burden of proof on the accused. “It cannot be the duty of an individual to enforce the law,” he said.
Bloggers, through the Bloggers Association of Kenya (Bake), will also be challenging the law on two grounds: Failure of the Act to define what is fake news, which in essence, leaves the State to use a broad brush in deciding what is fake news.
Bake will also argue that the law makes it difficult for them to do investigative stories as it scares away whistle-blowers. “Anybody who says something and a politician does not like it, it will be declared fake news,” said Bake chair Silas Kachwanya.
The fight against controversial computer law now headed to Court
By Dominic Omondi
Published: May 19th 2018 at 23:39, Updated: May 19th 2018 at 23:39
A battery of journalists await the world cup at the Jomo Kenyatta International airport in Nairobi on 26th Feb, 2018
SUMMARY
Section 23, provides for a Sh5 million fine or a jail-term of three years for spreading false news
LSK says law infringes on fundamental human rights such as the right to privacy, freedom, conscience and right to information
?The State is headed for a legal battle with critics of the controversial Computer Misuse and Cyber-Crimes Act, 2018, who want the Judiciary to declare it unconstitutional.
Lawyers, bloggers, editors, journalists and the civil society are some of the players preparing to file petitions in court over the law that they insist will stifle freedom of expression.
The Law Society of Kenya (LSK) noted that the law infringes on human rights such as the right to privacy, freedom, conscience and right to information. Boniface Akusula, convener of public litigation committee at LSK, said they will be challenging the law as it “smirks of unconstitutionality.”
ALSO READ: Careful on that tweet, it could cost you Sh5m
Mr Akusula said they will try to convince the courts to declare the new law, which also criminalises spreading of fake news, null and void. They are also concerned that the law shifts the burden of proof on the accused. “It cannot be the duty of an individual to enforce the law,” he said.
Bloggers, through the Bloggers Association of Kenya (Bake), will also be challenging the law on two grounds: Failure of the Act to define what is fake news, which in essence, leaves the State to use a broad brush in deciding what is fake news.
Bake will also argue that the law makes it difficult for them to do investigative stories as it scares away whistle-blowers. “Anybody who says something and a politician does not like it, it will be declared fake news,” said Bake chair Silas Kachwanya.
The fight against controversial computer law now headed to Court