16 May 2018

Kenya: Cybercrimes Law Timely, Says Duale

Nairobi — National Assembly Majority Leader Aden Duale has lauded the President's decision to sign into law the Cybercrimes Bill.

Duale has put on notice perpetrators of fake news warning of dire consequences and called on the Ministry of ICT and that of Interior to expedite formulation of regulations that will lead to the implementation of the law.

The Garissa Township lawmaker at the same time says the stiffer penalties outlined in the Act such as the Sh5 million or two years of imprisonment for anyone found spreading hate speech is fitting.

"It has a very good Bill and the public should be aware about the penalties because going forward it will not be business as usual," said Duale on Wednesday at Parliament buildings.

Members of Parliament recently fell prey to cyber bulling after they claimed that they were receiving nude photos from an unknown individual while others admitted to have been duped into losing money to fraudsters.

Among the issues the Act will tackle include computer systems such as unauthorized access, unauthorized disclosure of passwords, cyber espionage, publication of false information, child pornography among others.

It will also cover areas of computer forgery, computer fraud, cyber harassment, cyber squatting, cyber harassment, identity theft and impersonation, phishing, interception of electronic messages or money transfers, wilful misdirection of electronic messages, cyber terrorism and wrongful distribution of obscene or intimate image, and fraudulent use of electronic data.

According to Clause 12 of the Act, publishing of false or fictitious information will attract a Sh5 million fine or a two-year jail term.

Sharing pornographic content, through various electronic means will attract a maximum fine of Sh300,000 or 30 years in prison or both if proven.

Those found guilty of spreading child pornography face a fine of Sh20 million or 25 years in prison or both.

Cyber terrorism, according to the law attracts a maximum of Sh5 million in fines or 10 years in prison or both.

According to the government, the Act contains provisions that will facilitate international co-operation in dealing with computer and cybercrime matters including expedited disclosure of preserved traffic data.

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