Garissa Town Member of parliament Aden Duale has sponsored a bill in parliament to make it illegal to possess or publish pornography, in any computer system or data storage device including mobile phones.
Duale’s bill seeks to provide that it would be illegal for any person to produce pornography for the purpose of publication through a computer system.
“A person shall not knowingly download pornography, distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any way, or make available in any way from a telecommunications apparatus,” the Bill reads in part.
Now anyone sharing pornographic materials on the internet will risk a 20 million shillings fine and a 25 year jail term if the bill proposed by Aden Duale is approved by parliament.
The bill also seeks to prohibit the use of electronic medium to promote terrorism, extreme religious acts and cult activities.
In amending the cyber-crime acts, the bill proposes that a person who publishes electronic messages that are likely to cause one to join in terrorist activities is liable to a fine not exceeding five million shillings or a jail term not exceeding 10 years or both.
The bill also wants offensive websites to be shut down by empowering the national computer and cyber-crime coordination committee so as to render such websites illegal in the country.
The proposed law — to be cited as the Computer Misuse and Cyber-crimes (Amendment) Act, 2020 — is set for publication and introduction in the National Assembly for consideration anytime this week.
It seeks to amend the Computer Misuse and Cybercrimes Act to introduce harsh penalties for any violations.
If approved, persons found in possession of pornographic material in their phones or computer devices or publishes the same on the internet — social media platforms — will face a Sh20 million fine or 20 years in jail.
By Shadrack Andenga Odinga