(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.
(1) This Bill contained key provisions on intermediary liability which finally were not integrated into the Information and Communication Act of 2009 and was partially inspired by the EU Commerce Directive. (2) It provided for ‘safe harbours’ limiting civil and criminal liability for service providers in respect of third parties where they acted as mere conduits, when hosting, with respect of caching processes, and where they used information location tools. (3) Further, it provided for a notice and take-down procedure for addressing complaints of infringement of rights, while also granting service providers immunity for any actions taken once notified of the infringing activity. (4) Clause 27 stated that service providers were not under any general obligation to monitor data transmitted or stored or to actively seek...
(1) Section 12 makes it an offense for any person to distribute, supply or display any article that is intended to encourage or enable a child to be engaged on in sexual act; (2) Section 14 prohibits child pornography which involves distribution and receiving profits from distribution of obscene materials to a child; (3) Section 19 criminalizes the publishing of information intended to promote or facilitate conduct that would constitute a sexual offense against a person living with disabilities.