We are posting this because we care about the integrity of the refugee program for LGBTQI refugees in Kenya. And also because we want to mitigate cyber-bullying and the danger it brings for all.
The screenshots below are examples of what could be construed, in each instance as a crime. The example reflects one LGBTQI refugee in Kenya attacking another LGBTI refugee in Kenya. Under Kenyan law it is a crime under Secs 22 and 23 of the Computer Misuse and Cyber Crimes Act of 2018 to defame, express hateful speech, vilify, lie or incite violence against an individual, with a punishment that varies between stiff fines and/or 2- 10 years in prison, depending on the facts and the severity.
The ACT can be accessed here.
ALL REFUGEES are alerted to immediately consider, not only the danger they place others in when breaching this law, but also the danger they place themselves in by risking breaking the law.
It is very easy to prove a cyber crime, when the evidence is placed publicly on social media for all to see.
The fact of the matter is that no one is above the law, and all are subject to follow it under penalty of prison. What makes this worse for refugees is that the very people who are charged with the resettlement process, are watching social media very carefully as part of the extreme vetting process. If a refugee gets rejected by an Embassy, consider what you may have been involved with on social media as possibly being a contributing factor.
My hope is that the more vulnerable younger newcomers will be very careful to maintain resettlement as their primary focus and refrain from getting caught up in cyber (and any) criminal activity as defined by the Kenyan Code. We have seen video evidence, all over the internet where people have been coerced into posting talking points online which may well fall into a cyber crime category.
Sharing material that is defamatory makes you complicit in the crime and being ignorant of the law is not defense. Also hiding behind a fake name is not helpful as it is very easy for authorities to track the information. I have chose the following 3 examples as an intentional exposure of the very
Example 1: It is just not morally or ethically acceptable to call into question a fellow refugee's sexual orientation or gender identity and to name them on social media in this fashion. This is also extremely dangerous. I have recently seen much of this defamation and bullying going on on Facebook against fellow refugees and humanitarian organizations. The motivation for the attacks are the subject of a protected article here, available to those requesting the password. To date I have kept quiet. However now that certain parties have been placed in danger I compelled to expose this. People must be responsible for their actions and the harm it causes. People should be aware that they may well be participating in the commission of a crime. The reason for this exposure is because the parties subject to this attack have already been physically brutalized by others questioning their leadership - their own community! African HRC, in possession of video evidence, was compelled to support their move to safer place, and now this continues.
I am warning all refugees who participate in bullying and defamation, you will be named and included in this post! I am asking for ALL refugees to refrain from hurting each other social media. Not only are you hurting each other, but you are also hurting the entire refugee program for all LGBTQI refugees in Kenya.
MORE EXAMPLES OF WHAT COULD BE CONSTRUED AS CYBER CRIME:
