kenya Archives – Collaboration on International ICT Policy for East and Southern Africa (CIPESA)

23Aug

Kenyan Journalists Trained on Digital Rights and Addressing Online Harms

CIPESA August 23, 2024August 23, 2024

By Lyndcey Oriko |

The National Cohesion and Integration Commission (NCIC) and the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) have trained 60 Kenyan journalists on addressing digital harms such as hate speech and disinformation.

The training in Naivasha in June 2024 targeted journalists and media workers based in Nakuru County, which the Commission has identified as a conflict hotspot. The journalists were equipped with the knowledge and skills to navigate the complexities of reporting on digital rights and online harms in a more professional and ethical way, particularly during sensitive periods such as conflicts and protests.

The training happened at a time when Kenya was experiencing protests and demonstrations dubbed the #RejectTheFinanceBill2024. The protests saw significant mobilisation and engagement on social media platforms, predominantly TikTok and X. The country had also experienced internet throttling despite assurances by the communications regulator that they had no plans to switch off the internet and calls by civil society actors for the government not to interrupt internet services.

In his opening remarks, NCIC’s Commissioner, Dr. Danvas Makori, underscored the critical role journalists play in mitigating hate speech and fostering peace, particularly during sensitive periods such as conflicts and protests. He highlighted the importance of ethical reporting, particularly in the face of rising disinformation and online hate speech.

Dr. Wairagala Wakabi from CIPESA discussed the challenges to internet freedom, including increased censorship and harassment of journalists and independent content creators. He challenged participants to engage in research to inform their reporting and to leverage the emerging technologies to always verify and fact-check as a way of combating disinformation and online hate speech.

The workshops included in-depth sessions on balancing freedom of expression, which is guaranteed by article 33 of the Constitution of Kenya 2010, with necessary limitations, such as those aimed at combating hate speech, which is stipulated in the National and Cohesion Integration (NCI) Act, 2008. The training emphasised the importance of protecting offline and online rights, and the journalists were reminded of their responsibilities to uphold rights and freedoms while avoiding content that could harm others.

Making references to the #RejectTheFinanceBill2024, the discussions also tackled various forms of online harm, emphasising the importance of civic education, policy enforcement, and ethical reporting.

On his part, Kyalo Mwengi, the Director Legal Services at NCIC, emphasised the fundamental role of journalists in fostering peace. The training was essential to equip journalists with the skills to verify information, understand the nuances of conflict-sensitive reporting, and to effectively use social media to promote cohesion rather than division and to ensure that the public receives reliable and truthful information.

Liban Guyo, Director Peace Building and Reconciliation at the Commission highlighted the importance of contextualising stories, especially those about conflicts. He said the media can escalate or de-escalate a conflict through their reporting, which underscored the need for conflict-sensitive reporting.

Mwengi also presented some of the Commission’s recommendations to the Parliamentary Cohesion and Equality Committee, which is considering amendments to the 2008 Act through the National Cohesion and Integration Bill, 2023. He noted that because the NCI Act was enacted prior to the passage of the 2010 Constitution, it lacked constitutional powers, thereby affecting its performance and effectiveness. Accordingly, the Commission was proposing that the NCIC should be anchored within the Constitution, like other Commission, with clear funding mechanisms and guaranteed independence. In addition, the amendments should consider the prevailing digital landscape to craft robust online hate speech regulations.

In her remarks, Lucy Mwangi from the Media Council of Kenya (MCK) urged journalists to apply the training’s teachings daily, emphasising ethical standards and the promotion of peace and accuracy, both online and offline. She stressed the importance of being registered and carrying press cards to uphold professional integrity, including ensuring their personal safety.

Some of the key issues raised by the participants include the high cost of verifying information, low digital literacy, lack of awareness of conflict-sensitive reporting, and the reactive approach by social media platforms to hate speech and misinformation that allows harmful content to spread quickly. The workshop not only provided valuable insights into the responsibilities of journalists in the digital age but also fostered a collaborative spirit among media professionals to address the challenges posed by online harms. Given the recent protests against proposed tax hikes in Kenya, the timing of this training was particularly relevant, underscoring the need for responsible reporting amidst heightened social tensions. Overall, this initiative represents a proactive step towards promoting ethical journalism and safeguarding digital rights in Kenya.

26Jul

Kenya’s 2022 Political Sphere Overwhelmed by Disinformation

Evelyn Lirri July 26, 2022February 2, 2023

Ahead of the August 9, 2022, general elections, Kenya has been hit by a deluge of disinformation, which is fanning hate speech, threatening electoral integrity, and is expected to persist well beyond the polls. Last month, the Kenya ICT Action Network (KICTANet) and CIPESA convened stakeholders in Nairobi to disseminate the findings of research on the nature, pathways, and effects of disinformation in the lead-up to the election, and the actions required to combat disinformation. Below is a summary of the report findings and takeaways from the dissemination event, as captured by KICTANet:

There is a lot of strange information going on around the country, and this has been happening for a while. During the Kenya Internet Governance Forum (IGF) week, the Kenya ICT Action Network (KICTANet) in partnership with the Collaboration on International ICT Policy in East and Southern Africa (CIPESA) held a workshop to disseminate a report on Disinformation in Kenya’s Political Sphere: Actors, Pathways and Effects. The research is part of a regional study conducted by CIPESA, that explores the nature, perpetrators, and effects of misinformation in Cameroon, Ethiopia, Uganda, Nigeria, and Kenya.

As Kenya nears the 2022 general elections, disinformation remains at its peak levels, both at grassroots and national levels. The availability of sophisticated technology and its ease of use has enabled a wide range of political actors to act as originators and spreaders of disinformation.

Currently, there is no law that clearly defines or distinguishes between misinformation and disinformation. However, it is an offense to deliberately create and spread false or misleading information in the country. False publications and the publication of false information are punishable under the Computer Misuse and Cyber Crimes Act under Sections 22 and 23. It is a crime to relay false information with the intent that such information is viewed as true, with or without monetary gain. However, these same laws can also be used to silence dissent, making it a double-edged sword.

The study identifies different forms of disinformation that take place both physically and online. They include deep fakes, text messages, WhatsApp messages, and physical copies such as pamphlets and fliers. These are spread through the use of keyboard armies on social media, where politicians up to the grassroots levels hire influencers, and content creators who spread messages around them or against their opponents. This is done through mass brigading and document and content manipulation. The rationale is driven by the desire to get ahead politically or economically and is fuelled by an ecosystem that is fertile for the spread of this vice.

According to Safaricom, in the year 2017, 50% of its communications department time was spent monitoring fraud and fake information at different times. The instigators of this disinformation are influencers, politicians themselves, people they work with, and their parties.

There is a flow to how the fake news gets to the audience, and disinformation does not start with the pictures but with a plan that is part of a bigger political strategy. It starts with identifying the target audience, choosing the personnel and people to push the message, and then narrative development is done. This is followed by content development, which includes videos, pictures or memes, and audio files. Once this is done, the content is then strategically released to the unknowing public, who, without critically analyzing the information, spread it far and wide to a wider audience. This results in diminished trust in democratic and political institutions and restricted access to reliable and diverse information.

This can be addressed by having increased government engagement on social media as opposed to it being reactive only. For example, the government needs to be an active contributor to accurate information. Considering there is a space in which disinformation thrives, in particular where there is a lack of response, rumors spread. Civil society should also engage with policymakers and media representatives on enhancing digital literacy and fact-checking skills. The intermediaries should increase transparency and accountability in content moderation measures and conduct cross-sectoral periodic policy reviews.

Key Takeaways

The weakest link in disinformation is the citizen, and therefore, one of the most effective ways to tackle the issue is to empower the citizenry to be able to detect and respond wisely to misinformation. If the general public is not informed, it is a lost battle.
There is a thin line between misinformation and mal-information and it can easily be blurred.
The Computer Misuse and Cyber Crimes Act 2018 is a double-edged sword that censors yet tries to get some accountability from the general public in regard to spreading misinformation.
Safaricom reported that during the 2017 election, 50% of its time was spent monitoring fraudulent interactions.

19Feb

How the Covid-19 Fight Has Hurt Digital Rights in East Africa

CIPESA Writer February 19, 2021March 19, 2021

By Paul Kimumwe |

The fight against the coronavirus (Covid-19) pandemic in Kenya, Tanzania, and Uganda has dealt a blow to the promotion and preservation of human rights in the region. The outbreak of Covid-19 could not have come at a worse time, as the countries were preparing for their respective general elections (October 2020 for Tanzania, January 2021 for Uganda, and a potential referendum in 2021 and the August 2022 elections in Kenya).

Even before confirmation of Covid-19 cases in the region, the three East African countries had instituted Covid-19 mitigation measures, including the adoption of statutory instruments which quickly suspended constitutional guarantees without reasonable justification or meaningful stakeholder consultation. The measures were accompanied with a problematic onslaught on the media, the political opposition and ordinary citizens, which undermined the enjoyment of the rights to freedom of expression, assembly and association, and the right to access a variety of news and information, which was critical to informed decision-making particularly during electoral processes.

On March 18, 2020, Uganda instituted its first set of measures that included the closure of schools and a ban on all political, religious, and social gatherings. A week after the March 22, 2020 confirmation of the first case in the country, the Ministry of Health issued the Public Health (Control of Covid-19) (No. 2) Rules, 2020 that introduced further restrictions including a dusk-to-dawn curfew, the closure of institutions of learning and places of worship, the suspension of public gatherings, a ban on public transport and the closure of the country’s borders and the international airport to passenger traffic.

In Kenya, the government introduced several measures to curb the spread of Covid-19 that included the suspension of public gatherings and other social distancing requirements; limitation of travel into and outside the country; imposition of a dusk-to-dawn curfew under the Public Order Act, 2003; as well as inter-county travel bans between the capital, Nairobi, and three other high-risk counties of Mombasa, Kilifi and Kwale.

A day after the government confirmed its first coronavirus case, Tanzania introduced a series of measures that included the closure of schools and the suspension of sports events on March 17, 2020. Additional directives, including quarantining travelers from countries with confirmed cases of COVID-19 at the travelers’ own cost, were announced by President Pombe Magufuli.

While many of the restrictions such as the closure of international borders, schools and churches and prohibitions on public gatherings have since been relaxed, the long-term impact of these and other restrictions persist.

In this brief, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) researched Covid-19 related censorship and surveillance practices and related regulatory responses in Kenya, Tanzania and Uganda that affected people’s’ digital rights, including the right to freedom of expression, access to information, and privacy. It shows that the different measures adopted by the three countries, including enactment and enforcement of repressive laws on misinformation/fake news, as well as intimidation, arrests, detentions, and suspension of media operations, have led to an erosion of civil liberties online and offline.

The brief recommends the amendment of all the Covid-19 legislation that restricts freedoms to bring it into conformity with international standards on the right to privacy, data collection and processing as well as freedom of expression and access to information. Further, it urges governments to improve the affordability of the internet by more citizens, ensure the respect of citizens’ rights; and be transparent, and accountable in the conduct of Covid-19 related data collection and surveillance.

22Sep

The Erosion of Digital Rights in the Fight Against Covid-19 in Kenya

admin September 22, 2020

By Victor Kapiyo |

Kenya confirmed its first coronavirus (Covid-19) case on March 12, 2020, and as of August 26, 2020, the country had recorded at least 559 deaths, 32,803 confirmed cases, and 19,055 recoveries, with 429,513 persons tested.

Even before the first case was confirmed in Kenya in February 2020, the government had moved to establish the National Emergency Response Committee on Covid-19 to coordinate its preparedness, prevention and response to Covid-19.

The government subsequently introduced several measures to curb the spread of Covid-19 including suspension of public gatherings and other social distancing requirements; limitation on travel outside the country; imposition of a dusk-to-dawn curfew under the Public Order Act, 2003; travel bans in and out of the capital, Nairobi, and three other high-risk counties of Mombasa, Kilifi and Kwale.

The Ministry of Health has been providing regular updates on the pandemic both online and offline through its various platforms. It has provided routine updates including situation reports; Covid-19 protocols and guidelines; various public awareness messages; and daily press updates on the status of the pandemic. The government also required all broadcasters to air the health ministry’s Public Service Announcements (PSA) at no cost. As at May 10, more than 43,000 Public Service Announcements had been aired.

However, concerns remained over the negative impact of these measures on peoples’ enjoyment of their fundamental human rights, including freedom of expression, access to information, privacy and data protection, and freedom of assembly. Meanwhile, a rise in misinformation with respect to covid-19, has been met with responses from the government that have threatened human rights.

While there have not been reports of government efforts to block or filter content or to shut down websites to fight the spread of Covid-19 misinformation, it has used other means, including legal threats and arrests. In a public statement, the Cabinet Secretary for Health, Mutahi Kagwe, issued a warning, stating that “these rumours must stop … but because I know empty appeals will not work, we will proceed and arrest a number of them to prove our point.” Consequently, the government has abused the Computer Misuse and Cyber Crimes Act, 2018 to intimidate, arrest, and detain persons, including whistleblowers and critics, in order to censor what it has deemed false information in relation to covid-19.

Following these threats, the government has since arrested four individuals, with two bloggers charged under section 23 of the Act for publishing false information, which carries a penalty of five million shillings or imprisonment not exceeding 10 years, or both. In March 2020, 23-year old Elijah Kitonyo, a student, was arrested after publishing claims on Twitter that the government was deceiving people regarding the Covid-19 situation in the country. According to the authorities, this contravened the Computer Misuse and Cyber Crimes Act.

In the same month, blogger Robert Alai was arrested and charged under section 22(1) of the Computer Misuse and Cyber Crimes Act for publishing alarming and false information in a Twitter post that two people had died of Covid-19 in Mombasa. The arrest came a day after the statement by the Cabinet Secretary for Health warning against misinformation about the virus.

Another blogger, Cyprian Nyakundi, was detained the same week for claiming on Twitter that a senior Kenya Revenue Authority official had travelled out of the country and failed to self-quarantine after returning home. These arrests were unnecessary and disproportionate as there was no evidence of an intention to cause harm, or of harm being caused.

The government has also been accused of clamping down on freedom of association and assembly by restricting movement and mass gatherings during the pandemic period. In April 2020, the Law Society of Kenya challenged the curfew issued under the Legal Notice No. 36 – The Public Order (State Curfew) Order, 2020 under the Public Order Act, Cap. 56 as being unconstitutional. It also complained over the unconstitutionality of the use of unreasonable force by the police in enforcing the curfew.

In its ruling, the High Court found that the use of unreasonable force in enforcing the Order was unconstitutional. Undeterred, in July 2020, police stopped a public demonstration to commemorate the 30-year anniversary of the Saba Saba movement, whose origins date back to 1990 with calls for free elections and multiparty democracy. At least 50 people were arrested as police lobbed teargas at protesters, claiming the protest was illegal since the organisers lacked a permit, yet public gatherings were outlawed during the Covid-19 period.

Another critical aspect is the mass surveillance measures that have been quickly adopted to curb the spread of the virus. Massive data collection continues with collection of telephone numbers, personal information, residential addresses, details of people contacted, body temperatures, as well as location tracking. It is worth noting that all licensed telecom service providers are required to register all SIM cards issued with corresponding subscribers’ details. Also problematic is the development and use of various unproven technologies and mobile applications to support contact tracing. These increase the potential for abuse and present a risk for repurposing the technologies for mass surveillance after the pandemic.

Whereas Kenya has enshrined the right to privacy under Article 31 of the Constitution, and adopted a Data Protection Act in November 2019, the Data Commissioner is yet to be appointed. The contact tracing measures are questionable and potentially violate privacy rights. They lack clear or any legal oversight, and there are no documented safeguards in case of any breaches. Further, there is widespread ignorance regarding the application of the law to the government’s contact tracing programmes. Moreso, it is not manifestly clear how personal data from contact tracing will be collected, stored, and shared.

Civil society organisations have also raised concern regarding the independence of the Judiciary. This follows delayed funding for the Judiciary and recent Covid-19 budget cuts reducing the judiciary’s budget from KES 18.05 billion (USD 171 million) the previous financial year by KES 1.35 billion (USD 12.5 million), leading to suspension of key development programmes; suspension of judicial services during the Covid-19 period from March 2020, with limited court activity since; and the refusal of the President to appoint 41 Judges nominated by the Judicial Service Commission (JSC) in July 2019, despite court orders. Courts remain a critical point of call for those who seek constitutional remedies. Viewed collectively, these developments threaten access to justice and may affect the capacity of the Judiciary to effectively respond to and efficiently deliver justice to those whose rights may be violated during this period.

Meanwhile, the pandemic has led many to work from home, creating increased demand for internet services, and highlighting the ever-rising digital divide. Not all Kenyans have access to fast, and affordable internet, yet access to the internet and digital public services is increasingly being seen as essential for a dignified living.

According to the Communications Authority, internet subscriptions as of March 2020 stood at 39.3 million, while mobile SIM card penetration stood at 116%. While some companies such as Safaricom doubled the bandwidth allocation to their home fibre subscribers, the cost of accessing the internet remains a barrier for most of the population. Working and studying online also means that the public is at a higher risk of cyber incidents. Internet users can be exposed to hacking on online meeting tools, online banking fraud, surveillance, phishing and other email scams. According to the Communications Authority, the Kenya National Computer Incident Response Team detected 34.6 million cyber threats, comprising malware, distributed denial-of-service (DDOS) attacks, web application attacks and system vulnerabilities between January and March 2020, a rise from the 11.2 million attacks reported during a similar period in 2019.

Nonetheless, a number of positive measures have been adopted. In March 2020, the Central Bank of Kenya announced emergency measures to promote the use of mobile money for a three month period. These included the elimination of charges for transactions below KES 1,000 (USD 9.2); increase of daily transaction limits to KES 300,000 (USD 2,763); elimination of charges for transfers between mobile money wallets and bank accounts.

In conclusion, digital technologies have proven to be a key part of the solution to the current Covid-19 crisis. However, the rapid adoption of technologies could lead to decisions without consideration of the complex and long-term human rights impact, especially with regards to transparency and accountability.

According to the UN Secretary General, António Guterres, the post-Covid-19 world is expected to be more digital than before. Therefore, it will be essential for all stakeholders to ensure the respect for privacy, freedom of speech, transparency, participation, accessibility and accountability, including in the digital domain. There will also be a need for continued efforts to build trust and ensure fairness in the use of digital technologies, and bridge the digital divide across the country, to ensure marginalised and excluded groups are included to benefit from digitalisation.

20Feb

Africa ICS Cybersecurity Conference 2020

Technology and cyberspace are key enablers of Africa’s agenda 2063, Kenya’s Vision 2030 coupled with the current big 4 agenda on Manufacturing, Food security and Health which aims at using technology and innovation to transform Kenya into an industrialized and secure middle-income country.
Click here for more details on the event.

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