ONLINE AND MOBILE TELEPHONE ADVERTISEMENT
IN KENYA
3RD ANNUAL AFRICA DIALOGUE FOR
CONSUMER PROTECTION CONFERENCE
ABUJA ,NIGERIA
SEPT 13TH – 15TH 2011
BY
MR. DANIEL ASHER
PROGRAMME OFFICER
CUTS AFRICA RESOURCE CENTRE, NAIROBI
nairobi@cuts.org
www.cuts-international.org
OUTLINE
1.
BACKGROUND
2.
CHILDREN AND MOBILE PHONE IN KENYA
3.
CHILDREN AND CYBERSPACE IN KENYA
4.
ONLINE AND MOBILE TELEPHONE ADVERTISEMENT IN KENYA
5.
CHILD ONLINE PROTECTION AGENDA IN KENYA
6.
RELATED LEGISLATIVE PROVISIONS
7.
RECCOMMENDATION
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BACKGROUND
 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,)
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CHILDREN AND MOBILE PHONE IN KENYA
 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 ).
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CHILDREN AND CYBERSPACE IN KENYA
 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.
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ONLINE AND MOBILE TELEPHONE
ADVERTISEMENT IN KENYA
 Social networking sites such as ‘Facebook’ ‘My Space’ and
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‘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
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CONT
 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
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CHILD ONLINE PROTECTION AGENDA IN KENYA
 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.
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RELATED LEGISLATIVE PROVISIONS
 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.
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CONT
 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.
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CONT
 Pharmacy and poisons board guidelines for advertisements
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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
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goods or services.
CONT
 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.
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CONT
 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
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RECCOMMENDATIONS (CHILD NET INTERNATIONAL)
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.
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