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May 17, 2018 Comments closed

A novel way to deal with fake news: Go to Jail

in Hashing Out Cyber Security

A new Kenyan cybersecurity law makes fake news a crime

We interrupt our regularly scheduled reporting on GDPR and the SSL industry to bring you an interesting story about a new cybercrime law that was passed in Kenya yesterday.

The law, which was signed by Kenyan President Uhuru Kenyatta on Wednesday, is broad and covered all range of cyber malfeasance from stalking to cyber espionage to fake news. And it’s that last portion that is causing a bit of a controversy given that media rights groups around the world fear the law will be used to suppress people’s civil liberties.

That’s because the law criminalizes the publication of “fake news.”

Per Kenyan newspaper, The Star:

False Publications is one of the most serious offences. The Act provides that one who intentionally publishes false data or misinforms, intending data shall be considered [sic] or acted upon as authentic, with or without any financial gain, will be liable to a fine or imprisonment.

The penalties are a fine of 5-million Kenyan shillings (a little less than $50,000 USD), two years in prison—or both, if they really throw the book at you.

Now, in a vacuum this might actually sound like a good idea. Assuming the rule of law is applied as intended. But the problem, as is the case with many laws, is that humans will be the ones enforcing it and humans sometimes struggle with objectivity. While the idea of tossing some of these radio and tv personalities in jail for a couple of years until they stop spouting bogus information intended to stir up the American culture war may sound enticing, that’s a slippery slope.

For instance, some people’s definition of “fake news” is just negative coverage.

The Fake News is working overtime. Just reported that, despite the tremendous success we are having with the economy & all things else, 91% of the Network News about me is negative (Fake). Why do we work so hard in working with the media when it is corrupt? Take away credentials?

— Donald J. Trump (@realDonaldTrump) May 9, 2018

That interpretation could definitely lead to the suppression of free speech under Kenya’s new law. And that’s what many media rights groups fear will happen, free speech will be restricted “with journalists and bloggers likely to be among the first victims,” per the New York-based media rights watchdog, the Committee to Protect Journalists (CPJ).

In order to exonerate one’s self, you would have to affirmatively argue the veracity of the content you posted in a court of law. This legislation extends to social media, too.

That last part is extremely worrisome, as even a single tweet could cost you two years of freedom and/or about $50,000.

Kenya is far from the only African nation taken an interesting approach to cybercrime. A couple weeks ago bloggers in Tanzania won a temporary injunction against a government mandate to register online platforms. And last month Uganda announced plans to put a tax on social media users.

Bonus: While we’re discussing cyber laws in other countries, why not take a chance to read about how SSL works in North Korea.

• #Fake News