Hahahaha, hahahaha, hahahaha.
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Every freedom and right granted by the law comes with a responsibility.
This is the immemorial rule of the law in all countries and territories that believe in respecting the rule of law.
In Kenya, like many other States the freedoms of expression, speech , media, access of information and interaction are covered in the supreme law.
In Kenya the freedom of expression/speech and media, and access to information are enshrined in Articles 33, 34, and 35.
These laws give citizens liberty to express their opinions, views, seek information and get informed through media reports.
Fundamentally, these freedoms make democracy pragmatic and their abuse, either by law enforcers and citizens could get the State in a state of chaos.
Since the outbreak of coronavirus, there have been many cases of misinformation and disinformation which are basically spreading false information without a bad intention and with a bad intention/maliciously respectively.
In Kenya for example, since the first case of COVID-19 was reported on Friday, March 13, there have been a lot of conflicting information spreading, living citizens in dilemma of choosing what is true and what needed to be ignored and trashed as false.
Immediately after Ministry of Health Cabinet Secretary Mutahi Kagwe announced the first case of a Kenyan having contracted the virus, many other conflicting information poking holes at the government's official position began to spread.
The CS described the woman as a 27-year-old who had traveled to the country from US through London, saying she lived alone but had came to contact with people she helped the State to trace.
One notable conflicting report from the public was a video from a woman who claimed she had traveled to the country from abroad.
In the video that went viral, the woman reiterated she was not the one identified by the government, begging the question who had in the first place said she was the one.
The government did not disclose explicit identification details of the woman owing to the right to confidentiality of a patients identity according to the Health Act.
The video made many Kenyans, who did not take time to verify the authenticity of the video to begin hitting out at the government for allegedly giving false details about COVID-19. The latter is not true.
"Since the UN said it will give some money to countries affected by coronavirus, Kenya has immediately recorded one case. Do you think what I am thinking" said one Kenyan who responded to the video posted on Twitter.
Another notable conflicting piece of information, was by @eozillexis6 @Hof elias who claimed on Twitter that the government had lied about the coronavirus case in Kenya.
"The government has lied to us. The said lady ..... came from Rome boarded on this plane. I am a staff at KQ. Guys they are lying," Hof eliastweeted.
This information brought the government in disrepute and caused panic among Kenyans.
This means the message flouted the freedom expression. The limits of the constitutional provision was stretched by the Kenyan, thereby breaking another equally important law of the land.
The Directorate of Criminal Investigations (DCI) swiftly traced the propagator of the malicious information and identified him as Elijah Muthui Kitony, 23.
The youth was arrested in Mwingi, Kitui county and will be charged with publishing misleading and alarming information, specifically on coronavirus.
"He will be charged for publishing false information that is calculated or results in panic contrary to section 23 of the Computer Misuse and Cyber Crimes Act of 2018. We urge members of the public to be responsible and to desist from authoring, publishing or sharing unconfirmed information that may cause panic and anxiety," DCI tweeted.
According to the Act, a person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of a person commits an offence.
The law indicates that if convicted, a suspect shall be liable to a fine not exceeding KSh 5 million or to imprisonment for a term not exceeding ten years, or to both.
Even as Muthui enjoyed his right to freedom of expression, he could have likely broken another law thus missing out on his responsibility.
Ends
Source:
Coronavirus in Kenya: Abuse of Freedom of Speech Mwingi Man in trouble for lying about disease
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