Bill proposes stiff penalties in war against cybercrime
Cybercrime. Internet users in Kenya will face closer State scrutiny if a proposed law on cybercrime published recently is passed next year. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
The bill has been published by National Assembly Majority Leader Aden Duale.
It comes as Kenya continues to enjoy high Internet penetration compared to many African countries.
Hackers and their enablers are particularly targeted in the bill.
Internet users in Kenya will face closer State scrutiny if a proposed law on cybercrime published recently is passed next year.
The Computer and Cybercrimes Bill 2017 spells out far-reaching measures aimed at punishing online users who misuse Internet freedom.
Among those it targets are cyber bullies, stalkers, hackers, peddlers of fake news and paedophiles who use popular social media sites such as Facebook, Twitter, Instagram and WhatsApp.
Previous attempts to impose some control on social media users were met with accusations that the government was out to limit free speech.
The bill, published by National Assembly Majority Leader Aden Duale, comes as Kenya continues to enjoy high Internet penetration compared to many African countries.
“This bill is long overdue in Kenya. It was put together borrowing from international best practices. We will ask MPs and Kenyans to support it,” said Mr Duale.
INTERNET PENETRATION
According to a Kenya National Bureau of Statistics economic survey report released in April 2015, Kenya’s Internet penetration stood at 54.8 per cent of the population. The number of Internet users was put at 22.3 million.
A recent report by Jumia Business Intelligence and GSMA Mobile titled White Paper 2017: Trends from the Kenyan Smartphone and E-Commerce Industry shows that 67 per cent of the population in Kenya is classified as Internet users.
Just before the controversial August 8 General Election, the Communications Authority of Kenya and the National Cohesion and Integration Commission published regulations governing social media and text message use during the campaign.
They included giving social media users 24 hours to deactivate accounts of anyone who posts content that is disputed.
The new bill provides for cyber- related offences.
UNAUTHORISED ACCESS
These include unauthorised access, access with intent to commit or facilitate further offence, unauthorised interference, unauthorised interception and illegal devices codes.
Others are unauthorised disclosure of a password or access code, enhanced penalties for offences involving protected computer systems, cyber espionage, false publications, child pornography, computer forgery, computer fraud, cyber stalking and cyber bullying.
The bill, set to be debated when the House resumes from the Christmas and New Year break, is bound to attract interest from Kenya’s online community, especially for its long prison sentences and heavy fines for the crimes.
Hackers and their enablers are particularly targeted in the bill.
FINE
“A person who causes, whether temporarily or permanently, a computer system to perform a function by infringing security measures with intent to gain access and knowing such access is unauthorised commits an offence and is liable, on conviction, to a fine not exceeding Sh5 million or to imprisonment for a term not exceeding three years, or to both,” says the bill.
Moreover, if the hacking results in a significant financial loss to any person, threatens national security, causes physical injury or death to an individual, or threatens public health, the culprit is liable, on conviction, to a fine not exceeding Sh20 million or imprisonment for a term not exceeding 10 years, or to both.
PASSWORDS
Disclosing passwords, access codes or other means of gaining access to a computer system will be criminalised if the bill becomes law and those found guilty will be required to pay a fine not exceeding Sh5 million or a prison term not exceeding three years.
If the access results in wrongful gain, or is used for unlawful purpose or occasions any loss, the culprit will be liable to a fine of Sh10 million or handed a prison term not exceeding five years.
Purveyors of fake news, a phenomenon that has been exponential in the Internet age, will also face the full force of the law if the bill becomes law.
“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 Sh5 million shillings or to imprisonment for a term not exceeding two years, or to both,” says the bill.
