NAIROBI (Reuters) - Kenya’s President Uhuru Kenyatta signed a new law on Wednesday that outlaws the abuse of people on social media but which critics say could be exploited to repress civil liberties.

Proponents of the law, including the legislators who pushed it through parliament, say the proliferation of social media has given rise to new crimes including online scams, which were not covered by previous laws.

New York-based media rights watchdog the Committee to Protect Journalists (CPJ) warned last week however that the bill could criminalize free speech, “with journalists and bloggers likely to be among the first victims if it is signed into law”.

The law lays the ground for investigation and prosecution of computer and cybercrimes including cyber-harassment and “publication of false information”, a statement from the presidency said.

Violations to be penalized under the law include cyber-espionage, false publications, child pornography, computer-borne forgery, cyber-stalking and cyber-bullying among others, the statement said, without spelling out the penalties.

Offenders convicted for sharing “false” or “fictitious” information and propagating hate speech will be liable to a fine of 5 million shillings ($49,776.01) or sentenced to two years in jail, or both.

Lawmakers passed the bill last month despite protests from media practitioners and rights activists that its provisions could be used to stifle press freedoms.

Kenya joins other countries in the region that have passed laws that activists say will curtail free expression.

Earlier this month, Tanzanian bloggers and rights activists won a temporary court injunction against a government order to register online platforms that raised concerns about a crackdown on free speech. [L8N1SB3CZ]

In April, Uganda, another East African country acting to regulate internet use, announced plans to slap a new tax on social media users.</s>Kenyan President Uhuru Kenyatta on Wednesday signed into law a sweeping cyber-crimes act criminalising fake news and online bullying, with clauses that critics argue could stifle press freedom.

The bill imposes stiff fines and jail terms for hacking, computer fraud, forgery of data, cyber espionage, publishing child pornography or sending pornographic content via any electronic means.

However, bloggers and media rights activists have expressed alarm over a clause which criminalises the publication of “false, misleading or fictitious data.”

Punishment for this can be a fine of $50,000 (42,000 euro) or up to two years in prison, or both.

The Committee for Protection of Journalists (CPJ) last week urged Kenyatta not to sign the bill, arguing it would make it easy for authorities to gag journalists publishing information they dislike.

“Kenyan legislators have passed a wide-ranging bill that will criminalise free speech, with journalists and bloggers likely to be among the first victims if it is signed into law,” said CPJ’s Africa coordinator, Angela Quintal.

Additionally, anyone found guilty of publishing false information that “is calculated or results in panic, chaos, or violence” or that is “likely to discredit the reputation of a person” can be fined $50,000 or jailed for up to 10 years.

Article 19, a London-based freedom of expression watchdog, in an April analysis of the bill, said it contained important additions modelled after relevant international standards.

However it also “contains several broadly defined offences with harsh sentences that could dramatically chill freedom of expression online in Kenya.”

Rights activists have warned about an increasingly hostile and oppressive environment for journalists in Kenya, after a dramatic and bloody election season in 2017.

“While political tensions have eased, the ability of journalists to report and comment freely continue to be undermined by state officials,” Human Rights Watch said earlier this month.

In January government closed three television stations for a week after they tried to provide live coverage of opposition leader Raila Odinga staging a mock inauguration ceremony, a move criticised by Kenya’s foreign allies.

Then in March, eight prominent columnists working for Kenya’s biggest media group, the Nation Media Group, quit over increased meddling by government and a loss of media freedom at its outlets.</s>President Uhuru Kenyatta has signed the Cybercrimes Bill into law, meaning you will pay Sh5 million if you spread false information electronically.

The signing of Computer Misuse and Cybercrimes Bill, 2018 took place at State House in Nairobi on Wednesday.

The law criminalises abuse of persons on social media, removing the legal lacuna that existed.

The Act – which spells out stiff punishment to cybercriminals – provides for timely and effective detection, prohibition, prevention, response, investigation and prosecution of computer and cybercrimes.

This includes search and seizure of stored computer data, record of and access to seized data, production order for data, expedited preservation, partial disclosure, real-time collection and interception of data.

The Act establishes the National Computer and Cybercrimes Coordination Committee and facilitates international co-operation in dealing with computer and cybercrime matters.

It deals with offences relating to computer systems including but not limited to unauthorised access, interference, interception and disclosure of passwords, as well as cyber espionage, false publications, child pornography, cyber terrorism and wrongful distribution of obscene or intimate images.

The Act also deals with computer forgery, computer fraud, cyber harassment, publication of false information, cybersquatting, identity theft and impersonation, phishing, interception of electronic messages or money transfers, willful misdirection of electronic messages and fraudulent use of electronic data among other cyber crimes.

Sharing fake news and propagating hate speech will attract an Sh5 million fine or a two-year prison sentence, or both.

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

Parliament passed the Computer and Cyber Crimes Bill last month despite protests from the media that it could be abused to stifle press freedom.</s>President Uhuru Kenyatta has signed into law the Computer Misuse and Cybercrimes Bill 2018 that criminalizes abuse of persons on social media, removing the legal lacuna that existed.

The Act – which spells out stiff punishment to cybercriminals –provides for timely and effective detection, prohibition, prevention, response, investigation and prosecution of computer and cybercrimes.

This includes search and seizure of stored computer data, record of and access to seized data, production order for data, expedited preservation, partial disclosure, real-time collection and interception of data.

The Act establishes the National Computer and Cybercrimes Coordination Committee and facilitates international co-operation in dealing with computer and cybercrime matters.

It deals with offences relating to computer systems including but not limited to unauthorised access, unauthorised interference, unauthorised interception, unauthorised disclosure of passwords, cyber espionage, false publications, child pornography, cyber terrorism and wrongful distribution of obscene or intimate images.

The Act also deals with computer forgery, computer fraud, cyber harassment, publication of false information, cybersquatting, identity theft and impersonation, phishing, interception of electronic messages or money transfers, willful misdirection of electronic messages and fraudulent use of electronic data among other cyber crimes.

President Kenyatta also assented to the Public Trustee (Amendment) Bill, 2018. This Bill amends various provisions of the Public Trustee Act, bringing it into conformity with the Constitution.

The Bills were presented to the President for signing by National Assembly Speaker Justin Muturi.

Present during the signing at State House, Nairobi, were Deputy President William Ruto, Interior Cabinet Secretary Fred Matiang’i, National Assembly Majority Leader Aden Duale, Attorney General Paul Kihara Kariuki and Solicitor General Kennedy Ogeto.
Kenyan President Uhuru Kenyatta signs a law outlawing cyber-espionage, cyber-bullying, and the "publication of false information."