Kenya: Think again, WhatsApp May Send you to Jail as President Kenyatta Signs New Cyber Law!

May. 17, 2018, 6:00 am

By NANCY AGUTU and PATRICK VIDIJA Source: @thestarkenya

President Uhuru Kenyatta signed into law, the Computer Misuse and Cybercrimes Bill, 2018, Wednesday May 16, 2018. /THE STAR

Has a false report of the death of a prominent person, a defamatory article about a politician or a photo of nude teenager ever landed in your WhatsApp inbox?

If so, do not — repeat do not — think of forwarding these to anyone or sharing them on your Facebook page, unless you have millions of shillings to pay fines or want to spend years in prison.
That's the punishment for anyone found guilty of myriad offences in the Computer Misuse and Cybercrimes Act that President Uhuru Kenyatta signed into law yesterday.

Knowingly spreading false information electronically, which is common among social media users, will attract a fine of Sh5 million on conviction.A plethora of social media activities have also been criminalised in the law that spells doom for Kenyans fond of sharing fake news, propagating hate speech and besmirching the reputations of others.

Under the new law, anyone who intentionally publishes false, misleading or fictitious data, or misinforms — with intent that it shall be considered or acted upon as authentic, with or without any financial gain — commits an offence.

The new law prescribes stiff penalties for cyber espionage, false publications, child pornography, computer forgery, cyberstalking and cyberbullying.

Read : Tough times ahead as Uhuru signs Cybercrimes law
Most offences related to online harassment and hate speech previously have been prosecuted through the Penal Code and the National Cohesion and Integration Commission Act.
The courts have previously ruled that defamation is not criminal and directed that cases relating to online hate speech be handled as civil matters.

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