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The Directorate of Criminal Investigations has fired a warning to the public against online incitement to violence and misinformation through social media sites.
The Directorate noted that there have been cases of abuse of the platforms through the aforementioned, guised as freedom of expression.
It said this has resulted in fear and panic, adding that the freedom of expression should not be used as a tool to promote or justify lawbreaking.
“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,” it said.
According to Section 22 (1), 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.
Section 22 (2) 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.
It also touches on the intentional publication of false information that may advocate hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm.
Section 23 states that, “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.”
DCI committed to continue carrying out its mandate.
“DCI will process any lawbreakers for prosecution without fear, favour or ill will,” it said.
The Directorate lauded the members of the public who have supported them, urging Kenyans to contact them if they need to rely on any information anonymously. BY THE STAR