On Wednesday last week, President Uhuru Kenyatta signed into law the computer misuse and cybercrimes bill 2018. The law contains harsh penalties for those who will be found guilty of computer misuse and cybercrimes.
According to a report on the same published by the Standard on May 16th, “a person who intentionally publishes false, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding Sh5 Million or to imprisonment for a term not exceeding two years, or to both.”
The report further quotes some sections of the law which states that,” if one unlawfully obtains data or perform a prohibited act in order to gain access to critical data with the intention to directly or indirectly benefit a foreign state against the Republic of Kenya, commits an offence and is liable, on conviction, to imprisonment for a period not exceeding twenty years or to a fine not exceeding Sh10 Million, or to both.”
For one reading the content of the bill, now law, he or she cannot fail to notice the heavy penalties. It sends some chilling signals down the spine. It prompts one to halt his or her internet activities and re-examine oneself.
Like all things, this computer misuse and cybercrimes law has both its advantages and disadvantages. One advantage is that it will reduce cybercrimes. Many people have been conned through the internet. They have lost hard-earned money in a click of a computer mouse. In fact, the same report quotes an ICT expert Godfrey Osotsi saying that.” It is estimated that annually, the whole World losses about Sh60 Trillion (through cybercrimes).”
Another advantage of this contentious law is that it will greatly reduce cases of fake news. Fake news may appear funny to those who are not directly affected but to the victims, it causes not only trauma but it also affects their reputation. We have read the news of deaths of popular persons only to for the truth to later come out. With the stiff penalties in place, many people will think twice before publishing unverified news. The law will keep in check thousands of propaganda circulating online.
As a disadvantage, this law may lead to the conviction of innocent Internet users, especially bloggers. The definition of fake news should be made clear. A case in point is the news that circulated on social media last week of the Machakos Governor Alfred Mutua having fallen into a river after the bridge he was standing on collapsed. According to the news, the governor was taking a selfie while the bridge collapsed but in a quick rejoinder, the governor made it clear that he was not taking a selfie. Now, can the news be classified as fake? Which part, exactly, is fake and which part is true?
And what does the law say about half-truths?
Another disadvantage of the computer misuse and cybercrimes law is that it is prone to misuse, especially by politicians. A journalist may write an incident which will not go well with a certain politician. He or she might see as if he or she is being portrayed in a bad light even if the news is true. What will stop that politician from accusing the journalist of spreading fake news and propaganda and use the law to “teach” the journalist a lesson? And if abused this way, then the law will ultimately oppress journalist, freelancers, bloggers etc. It will scuffle freedom of expression.