SYNOPSIS OF CHILDREN’S CONSUMER PROTECTION ISSUES IN KENYA

1. 3RDANNUAL AFRICA DIALOGUE FOR CONSUMER PROTECTION CONFERENCEABUJA ,NIGERIASEPT 13TH – 15TH 2011 BY MR. DANIEL ASHERPROGRAMME OFFICERCUTS AFRICA RESOURCE CENTRE, NAIROBInairobi@cuts.orgwww.cuts-international.org SYNOPSIS OF CHILDREN’S CONSUMER PROTECTION ISSUES IN KENYA

2. OUTLINE 2 Overview on access and use of ICT by children in Kenya Emerging challenges in Kenya Common internet risks posed to children Related Legal Framework on child internet safety Recommendations

3. OVERVIEW ON ACCESS AND USE OF ICT BY CHILDREN IN KENYA 3 • Growth and use of ICT tools, - internet, in Kenya provide children with opportunities to expand their knowledge and skills. • But its use comes with potential risks. • The risks to children is a result of unpreparedness-for increase in internet use,

4. OVERVIEW 4 Kenya has: • 50 licensed ISPs, • 20 licensed Public Data Communication Network Operators (PDNO) • 14 Local Loop Operators • 4 cellular operators, (Safaricom, Airtel, Esar [Yu] , Telkom Orange) • Mobile phones most preferred in social networking among children followed by emails.

5. OVERVIEW 5 Children frequently go online from: • personal computer (PC) at home, • friend’s house, school, • library or cyber café • on cellular phones • But without the supervision of an adult.

6. OVERVIEW 6 Common Lottery Scams in Kenya Common text messages (by prisoners) indicating that you’ve won money in a lottery. Before any award could be released, they ask to send airtime to a mobile phone number belonging to the fraudsters. After airtime transferred, the number shut off, making it hard to trace the criminals. The cartel claims the airtime they've received is sold to people outside prison using the popular "me2u" or "sambaza" method for selling credit on the street. Other common scam include medical bill scam, Kenya orphan scam et al

7. EMERGING CHALLENGES IN KENYA 7 • Public internet access points admit persons of all ages even unaccompanied minors; and they do nothing when prohibited sites are accessed. • Most of the children engage in Sexting for fun, to impress others and upon request. • Children who engage in Sexting (sending of sexual messages) are never caught by the teachers, parents or even siblings. • Children hardly tell their parents, guardian or those in authority on what they do or where they go online,

8. EMERGING CHALLENGES IN KENYA 8 • Few children report to parents/guardian when harassed while online or on cell phone. • lack of awareness by parents on what their children do online hence lack of parental controls. • generational digital divide btw children and parents/guardians, • growing trend children to use internet for social networking – through Face book, MySpace and tweeter leading to risks of sharing personal information and pictures.

9. COMMON INTERNET RISKS POSED TO CHILDREN 9 • Compulsive behaviour; Virtual relationships with pedophile gains the trust of a child to set up a face to face meeting. • Identity theft & involvement in hate or cult websites. • exposure to unmonitored commercial services: buying and selling of stolen goods without their knowledge, access to online gambling, • violence: sites selling weapons, hacking sites, and sites providing recipes for making drugs or bombs,

10. COMMON INTERNET RISKS POSED TO CHILDREN 10 • Encounter demeaning, or harassing messages via chat, email, or cellular phones. Damaging self-esteem & a threat to their psychological well-being. • Downloading viruses – damage computer, risk of a ‘hacker’ gaining remote access to comp, jeopardizing family privacy &safety. • Online fraud; expose parent’s credit-card No. • pornography: newsgroups that contain sexually explicit stories, illustrations and photographs

11. RELATED CHILDREN CONSUMER ICT LEGAL AND REGULATORY FRAMEWORK IN KENYA. 11 • Kenya constitution • Article 31 guarantee EVERY person right to privacy, including right not to have information relating to family or private affairs unnecessarily required or revealed; or privacy of communications infringed. • Article 46 empowers parliament to enact legislations for consumer protection and for fair, honest and decent advertising. • Article 53 (1) Every child has the right: • to free and compulsory basic education; basic nutrition, shelter and health care; • protection from abuse, neglect, harmful cultural practices, all forms of violence, to parental care and protection, • (2) A child’s best interests are of paramount importance in every matter concerning the child.

12. RELATED LEGAL FRAMEWORK ON CHILD ICT SAFETY IN KENYA 12 • The Children Act, 2001 • Entitle children to right to: • Privacy subject to parental guidance, • Right to protection from inducement or coercion to engage in any sexual activity & exposure to obscene materials • Penalty: imprisonment not exceeding 12 months or fine not exceeding ksh.50, 000 or both.

13. CONT 13 Kenya Information & Communications Act, 1998 (KICA) right to personal privacy and protection against unauthorized use of personal information; KICA Regulations, 2010 (ammended) Safeguard: A licensee to establish system enabling parents & legal guardians to block access of children to harmful content. Offence to promte,mrkt alcohol & tobacco products or harmful substances directed at children

14. CONT 14 On confidentiality: • A licensee is restricted against disclosure of the content of any information of any subscriber transmitted through the licensed systems. • A licensee to establish enabling system 4r parent/ lawful guardians of children consumers to:(a) know that information is being collected about them through their use of various telecommunications services and systems; and

15. CONT 15 (b) receive conspicuous notice that such information could be used, or is intended to be used, without authorization, by the entity collecting the data for reasons unrelated to the original communications, or that such information could be sold (or is intended to be sold) to other companies or entities; a licensee cannot sell or offer for free, to a third party, any information collected by the licensee without the prior consent of the consumer concerned.

16. RECOMMENDATIONS 16 To control cases of child exposure to potential sex predators and other online risks, Need for a clear legal and policy regime that governs the protection of children within cyberspace. Need for clear provisions to be made to ensure that children are safeguarded from internet predators and further from un-constructive content.

17. RECOMMENDATIONS 17 Awareness creation on the issue of child internet safety and security to parents, learning institutions and to internet providers be increased, noting that the current ignorance and disinterest is a recipe for unprecedented trouble. Parents to arm themselves with information such as which sites their children visit so that they can advise them on the use and possible dangers of the net