President Kenyatta assents to Cybercrimes bill, time to put speed governor on those little fingers

Update: The High Court has on the 29th May 2018 suspended 26 sections of the contentious Cybercrimes law. The suspension of the Act has been extended to 1^st October 2018 by Justice Wilfrida Okwany. Justice Wilfrida is expected to make a ruling on an application seeking to have the sections lifted.  

Dear keyboard cowards,

I know you find pleasure in hurting others; BUT, Time is up!

Be careful not to stretch the boundaries of the freedom of speech from now on, instead,

Find another hobby, or save up! or prepare to do time! Or both,

Yours,

Cybercrimes bill, 2017

Here’s why,

President Uhuru Kenyatta has signed into law the Cybercrimes Bill which criminalizes abuse of persons on digital media.

This bill puts cybercriminals and fake news creators on notice and in a country with 22.3 million internet users (Kenyan National Statistics Bureau), the number of casualties is likely to be high. Or at least before people learn to think before they type.

It used to be that the high and mighty could not be touched: they were to be seen, not touched. The public was not privy to a lot that was happening behind the scenes. In this era, anyone can be a victim of cybercrime. Anyone can be the next hit. Once the net is cast, we cannot predict the catch. No one is off the list. Not even the men of God.

A cyber criminals “job” is very easy today. All a cybercriminal needs is a computer or mobile device and an internet connection, then BOOM! the architect clocks up hits on their social media accounts or websites.

Fake news is a monster. It creates doubt and causes damage that is sometimes hard to repair. The thing about fake news is that when told, about 50% of the readers believe it, just because it is published online. This is especially the case with matters politics. In some cases, as long as it enriches a readers narrative, they don’t question. They take it and run with it.

The good news is that hopefully, a new era is upon us. These laws may change a lot.

The Computer and Cyber Crimes Bill was passed by parliament last month amid protests from the media which argued that it could be used to limit press freedom.

The new law targets cyber bullies, fake news creators, journalists, media houses, social media users, bloggers and other internet users.

In addition, the cybercrimes bill also deals with computer forgery, computer fraud, cyber harassment, publication of false information, identity theft and impersonation, phishing, interception of electronic messages or money transfers, deliberate misdirection of electronic messages, fraudulent use of electronic data among other cyber crimes.

The act also permits search and seizure of stored computer data, access to any record seized data, the production order for data, real-time collection and interception of data.

There’s a heavy price to pay

The bill imposes hefty fines and long prison terms. For instance, Clause 12 of the law stipulates that anyone caught publishing false information will be exposed to a Ksh. 5 million fine or a two-year jail term.

Heres is a word-for-word statement for Clause 12:

“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 five million shillings or to imprisonment for a term not exceeding two years, or to both,”

Here’s more:

• Sharing pornography through the various electronic means will attract a maximum fine of Sh300,000 or 30 years in prison or both if proven: This may come as a relief to male MPs who had raised concerns about nude photos sent to their cell phones from an unknown woman.
• Those found guilty of spreading child pornography face a fine of Sh20 million or 25 years in prison or both.
• Cyberterrorism attracts a maximum of Sh5 million in fines or 10 years in prison or both.
• Hackers will also be liable to a Sh10 million fine or 10 years in jail, or both.
• Anyone found guilty of unauthorized interference with a computer system, program or data upon conviction is also liable to a fine not exceeding Sh10m or imprisonment not exceeding 5 years, or both.

Numbers don’t lie

Cybercrime reports released over the years show an increase in the number of cybercrimes in their various forms. The cost has also been rising sharply.

Serianu Limited is among companies that research, analyze, compile and publish detailed cybercrime reports. The IT services firm released its annual cybercrime report showing that Kenya lost at least Sh21.2 Billion to cybercriminals in 2017.

This was a significant increase from the previous year as the loss stood at Ksh. 17.5 billion in 2016.  A report by Deloitte put the loss at Ksh. 17.7 billion for 2016 and Ksh. 15 billion in 2015.

The cost of cybercrime in Africa in 2017 was estimated at $3.5 Billion.

Related: Cyberbullying targeting women on the rise in Kenya

Media freedom, free speech stifled?

The bill was not received well by everyone.

A journalists’ lobby group opposed to this bill had urged the president not to sign the bill arguing that it violates the right to media freedom and expression.

The lobby group had urged the president to revert the law back to Parliament to ensure its provisions do not stifle media freedom and expression.

Only last week, the Committee to Protect Journalists (CPJ) attempted to persuade President Kenyatta not to assent to the bill, arguing that it stifles press freedom.