DCI warns the public against online incitement

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The Directorate of Criminal Investigations (DCI) has warned Kenyans against giving misleading information and incitement of violence through online platforms.

The warning from the DCI comes ahead of the anti-government protests that the online misinformation causes panic among citizens.

"The attention of the DCI has been drawn to misinformation and incitement to violence through the abuse of social media platforms, under the veil of freedom of expression. Regrettably, this has caused fear and panic among peace-loving Kenyans," DCI tweeted.

It stated that people should not use their freedom of expression to justify violence and lawlessness.

As much as freedom of expression is guaranteed constitutionally, DCI warns that incitement is criminal.

"In this regard, the DCI wishes to advise that online incitement to violence falls out of the spectrum of constitutional protection and is criminal as per Sections 22 and 23 of the Computer Misuse and Cybercrimes Act of 2018.”

According to Section 22 (1) and (2) anyone found guilty of intentionally publishing false, misleading or fictitious data or misinformation is liable to a fine not exceeding Sh5 million or imprisonment for a term not exceeding two years, or both.

The law limits the freedom of expression in respect of the intentional publication of false, misleading or fictitious data or misinformation that might lead to war, incite violence or constitute hate speech.

"A person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of a person commits an offence and shall on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years, or to both." states section 23.

The DCI has vowed to exercise its mandate and will hold those found responsible for breaking the law to account.

It further pledged with citizens to join hands in keeping peace and order.

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