ONLINE AND MOBILE TELEPHONE ADVERTISEMENT 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 ONLINE AND MOBILE TELEPHONE ADVERTISEMENT IN KENYA

2. OUTLINE 2 BACKGROUND CHILDREN AND MOBILE PHONE IN KENYA CHILDREN AND CYBERSPACE IN KENYA ONLINE AND MOBILE TELEPHONE ADVERTISEMENT IN KENYA CHILD ONLINE PROTECTION AGENDA IN KENYA RELATED LEGISLATIVE PROVISIONS RECCOMMENDATION

3. BACKGROUND 3 • Kenya’s active Internet usage stands at 8.7 per cent of the population, • Over 90 % of users access the Internet using their mobile phones (TNS Digital Life survey). In Q4 2010: • There were 22 million mobile subscribers in Kenya. • 6.63 billion minutes of local calls were made on the mobile networks, and • 740 million text messages were sent. • The number of Internet users was estimated at 8.69 million. (According to CCK,)

4. CHILDREN AND MOBILE PHONE IN KENYA 4 • Most children now have access to mobile phones. • a major mode of communication between parents and children. • children access mobile phones after completing primary or secondary school. • use Phone to talk to friends, parents & call help in emergency. • to send sms as well as to download their favorite ringtones- (referred to as skiza tunes in Kenya ).

5. CHILDREN AND CYBERSPACE IN KENYA 5 Children access internet on most mobile phones hence different forms of content such as entertainment and interactive sites. This access poses a potential risk to children e.g. adult content or use premium rate services. There is increased children cyberspace in Kenya due to : Expanded broadband, Increased mobile phone use and lower prices But their innocence enhances their vulnerability.

6. ONLINE AND MOBILE TELEPHONE ADVERTISEMENT IN KENYA 6 Social networking sites such as ‘Facebook’ ‘My Space’ and ‘tweeter’ are extremely popular in Kenya & come with many local company products adverts pops. Products designed with cartoons, shapes and flavor y colors to attract children Children access various kinds of product while online on various company websites Company websites more engaging & influential on their attitudes towards product. Many children engage in chatting on these social sites and also send text messages through their mobile phones. Unknowingly children key in their mobile telephone numbers on various websites triggering series of products advertisements sms on phone

7. CONT 7 • Most of company websites don’t restrict access or require parental approval for child entry • Many children aged between 12 and 18 have become victims of cyber-bullying in the event of creating friendship with strangers through social media. • Children victims of cyber-bullying shy to tell parents • Many cyber cafes never displayed warning posts to alert children not to visit unwanted sites like porn sites • Internet Service Providers reluctant in giving customized products for setting up parental controls for children in Kenya

8. CHILD ONLINE PROTECTION AGENDA IN KENYA 8 • Aims : mitigating the risks while maintaining the benefits for children on the internet • Risks of internet use to children include: • Children at risk of harassment, violence and child predators, harmful &adult content, addiction to internet use, cyber-bullying, sexual & other abuse, identity theft, access to harmful goods and services, Human trafficking. • Benefits of internet use to children include: • networking, self expression, education, entertainment, social justice, Innovation and creativity.

9. RELATED LEGISLATIVE PROVISIONS 9 • The Kenya ICT Policy was developed in 2006 and cybercrime identified in law in 2009 in the amended Kenya Information and Communications Act. • The International Telecommunication Union (ITU) has already provided comprehensive guidelines to the development of national Child Online Protection (COP) frameworks. • The Communication Commission of Kenya (CCK) is developing a comprehensive framework that protects safety of children on the internet in line with the ITU’s COP initiative launched in Nov 2010.

10. CONT 10 • CCK also seeks to learn from countries and regions with successful COP initiatives including Japan, the United Kingdom, the European Union and even the USA. • The United Nations Children’s Fund (UNICEF) and the United Nations Internet Governance Forum (UN-IGF) will also be partners with the CCK in this regard. • Microsoft East Africa, ministry of Gender, Children and Social Services has launched a Child Internet Safety and Security Awareness Program (CISSA), an initiative to enhance child protection while online.

11. CONT 11 • Pharmacy and poisons board guidelines for advertisements and promotion of medicines in Kenya:- provides that product advertisement shall not be directed at children and shall in no way induce or attract children to use any product; • The Kenya National Drug Policy also states that advertising must not be addressed directly or indirectly to children, • Trade Description Act : applies to advertising • Enforced by the Department of Weight and Measures at the Kenyan Ministry of Trade, • Creates two basic criminal offences in relation to false trade descriptions: • 1) prohibiting false or misleading indications as to price, and • 2) prohibiting false representations as to the supply of goods or services.

12. CONT 12 • Films and Stage Plays Act: Chapter 222 Article 17. • Protect children against unsuitable cinematograph film. • The Board records its ruling in one of the following forms - • For adults only; • Unsuitable for children under the age of sixteen years; • Unsuitable for children under the age of ten years. • Ruling in the form "for adults only" to be a companied by certificate of approval subject to the condition that no child shall be admitted to the exhibition thereof. • The ruling to be mentioned in all adverts & posters of the film concerned, & announced on the cinema screen immediately before the film is exhibited. • Contravention of any condition shall be guilty of an offence.

13. CONT 13 Tobacco control Act 2007: Objective: to protect the health of persons under the age of eighteen years by preventing their access to tobacco products; Prohibits advertising of tobacco product on any medium of electronic, print or any other form of communication. It prohibits the sale of cigarettes to children. Penalty: fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding three years, or to both

14. RECCOMMENDATIONS (CHILD NET INTERNATIONAL) 14 GOVERNMENT AND LAW ENFORCEMENT Encourage industry self-regulatory measures to protect children and young people. Cooperate with other governments and international agencies to promote industry cooperation, effective law enforcement and international standards for classifying content, and to develop consistent strategies and responses. Resource and train law enforcement to respond swiftly and effectively to reports of criminal activity facilitated through mobile phone use. Encourage the development of hotlines for receiving reports of child abuse images, whether accessed through the fixed Internet or via mobile phones. Promote awareness about positive use of mobile phones and the Internet.