This bill will be enacted to give effect to article 31(c) (d) of the Kenyan Constitution on regulation, collection, and disclosure of personal data and connected purposes. (1) Section 8 prescribes the manner in which personal data is to be collected; (2) Section 11 imposes a duty on any agency that holds personal data to ensure its protection and security; (3) Section 17 gives the restrictions on commercial use of personal data.
Section 11(1) provides that “no person shall advertise an internet gaming site that is operated contrary to any written law” and Section 11(2) provides that “no person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person.” Although confusing, the wording of these sections does not allow illegal activity for ISPs, but rather introduces a "safe harbour" exception so that an ISP can continue operating even if there are adverts (of which it has knowledge or does not have knowledge) that are illegal. Also, section 11(3) states "For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Kenya or is primarily intended for Kenya residents."
(1) Section 24-25 establishes the requirement of license to operate or provide telecommunication systems and services; under the Unified Licencing Framework (ULF) operated by the Communication Commission of Kenya (CCK), there are 3 categories of internet intermediaries, which need to be licensed: (i) Network Facilities Provider (NFP), owning and operating any form of communications infrastructure (based on satellite, terrestrial, mobile or fixed); (ii) Applications Service Provider (ASP), providing all forms of services to end users using the network services of a facilities provider; (iii) Contents Services Provider (CSP), providing contents services such as broadcast (TV& Radio) material, and other information services and data processing services, etc. (2) Section 27 empowers the Miniter in charge of communications...
Section 11(1) provides that “no person shall advertise an internet gaming site that is operated contrary to any written law” and Section 11(2) provides that “no person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person.” Although confusing, the wording of these sections does not allow illegal activity for ISPs, but rather introduces a "safe harbour" exception so that an ISP can continue operating even if there are adverts (of which it has knowledge or does not have knowledge) that are illegal. Also, section 11(3) states "For the purpose of subsection (1), a person advertises an internet gaming site only if the advertising originates in Kenya or is primarily intended for Kenya residents."
Section 13 creates the offence of Hate Speech. Section 62 makes an offense for any media enterprise to publish words intended to incite feelings of contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity or race.