Internet Anarchy

the continued and unabated leakage of sex tapes, their unrestricted access by both the old and morally virgin, will sooner than later lead us to a society where one is exposed, and is free to expose others as they wilt. This is what I sturdily term as “internet anarchy”.

Sex tapes have become an apparently amazing venture, for both the morally depraved and the inquisitive. On the other hand they have become so excruciating, a prick in the skin, to the main participants or victims. The issue of sex tapes comes hand in hand with the problem, or better, the utopia of the new age of technology. These become an issue where the main participants are, or at least one of them is recorded unknowingly, or they are undesirably exposed on internet. They also become an issue where all and sundry can access them.

I was graced with a chance to participate in the Price Media Law Moot in 2014 at the regional rounds, hosted by the University of Nairobi, Kenya. One of the main issues that we had to deal with was how to balance rights. This is because rights are inevitably bound to come into conflict.

In this case we particularly had to balance the freedom of expression through, for example, social media, on one hand, and the right to privacy on the other. We came across a very interesting case in the course of our research. This case concerned a one Max Mosley, a man of high stature in society, a role model, a father, and the former President of the Fédération Internationale de l’Automobile (FIA) which is the governing body for world motor sport.

On this particular occasion, Mosley chose to have fun with a few ladies, or call them prostitutes. Unknown to him, one of these was video-taping him. Given the social stature of Mosley, this recording was bound to be a very hot view for those who were inquisitive, morally depraved, those who desired to distribute, and his “witch hunters” for the next months.

Mr. Max Mosley rushed to the UK courts to have the newspapers remove this from their daily publications, and to have the relevant parties punished. The matter even proceeded to the European Court of Human Rights. Mosley then immediately rushed to France to have these images removed from YouTube, court did allow this removal. This is what one could arguably call the right to be forgotten.

Mosley’s biggest contention was that recording him was a violation of his privacy. The newspapers and the different publishers stand point was, “we have the freedom of expression”. Amidst there lies the problem, how does one balance the right to privacy and the freedom of expression which takes the form of using social media. Nonetheless the court affirmed that by recording Mosley, this was a violation of his Right to privacy. Whereas it may sound uncouth to defend a man sleeping with prostitutes, the point should not be missed. He still enjoys his privacy.

This is not peculiar to Mosley, it has happened in Uganda. We have nudes of musician Desire “Ekitone” Luzinda, there was one of Zari Hussein the socialite among others. In Zimbabwe there was a sex tape that leaked featuring university students around April 2014 and the same happened in Kenya, and the list goes on.

What may not be easily understood is the pain that these victims go through, their families, friends and comrades. Such is only immeasurable and can only be imagined, but never really felt. Can Desire Luzinda’s daughter easily fit it with her fellow students at school, bearing in mind how cheeky pupils can be at school?

The UN recently declared it a right to access internet. Bearing in mind the effects of social media and the media at large as both good, desirable and heavenly on one hand, the same can as well be as evil, wicked and malevolent on the other.

It is thus high time that we started thinking and putting in place some stringent , but not unreasonable, measures of limiting this freedom as expressed through internet and social media. Otherwise the continued and unabated leakage of sex tapes, their unrestricted access by both the old and morally virgin, will soon or later lead us to a society where one is exposed, and is free to expose others as they wilt. This is what I sturdily term as “internet anarchy”.

Jonan Luleti

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14 thoughts on “Internet Anarchy

    1. Thanks a lot Ndugu Ibrahim. Indeed these are the challenges that we encounter everyday, and which, unless which confront them shall continue in perpetuity. Thank you for that deep thought view

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  1. This is a very good article. Sex tapes vis a vis freedom of expression and right to privacy is one of the major debates today. The internet has now put the world in one palm as a global village and yet the technology continues to remain sophisticated.

    One fundamental question in this case remains does the law regulate technology or vice verser? In my opinion a striking balance needs to be reached at since technology is always changing and the law does not change everyday. This is again where sex tapes and right to privacy come in.

    The Computer Misuse Act is very vague to give a lasting answer to this question as it underestimated the now forever evolving technology in relation to human rights for example section 3 in relation to the content directly clashing with the section 3 Anti-Pornography Act in regards to the anti-pornography committee.

    Otherwise this brings the debate to the table. Kudos for that insight!

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  2. Well thought brother ,its our responsibility to protect the core values of our culture , norms n up lift the moral status but not to be influenced by 21st century… !

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  3. The remedy for “internet anarchy” is sadly censorship of this borderless information hub which is sword without a hilt( there is just no safe way to hold it).
    in the alternative we can have regulation through ISPs by way of content filters

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  4. Thank you my brother.

    Privacy may to me not be regarded an absolute right and therefore has a societal and ideological background. This is important to keep in mind. It is not self evident that a person should enjoy privacy. This basically depends on how society in general is organised and perceived.

    There are still many parts of the world where privacy has little meaning or is a luxury only available for the rich and privileged.

    However, there is personal documentation which from the dictates of majority humans is regarded as so intensely personal that special safeguards are needed to guard against abusive processing e.g SEX LIFE.

    Against that background, internet anarchy must only survive on the basis that PRIVACY is hard to define. WHAT I REGARD AS PRIVATE, YOU MIGHT NOT REGARD IT SO.

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    1. Thank you Bismarck for the contribution.

      In response to the question of the subjectivity or variation of privacy, there is something called “reasonable expectation of privacy”. Certain things and acts are done with a reasonable expectation of privacy. If I am naked in my room, i do this with a reasonable expectation of privacy. That no one is peeping at me or taking my nudes. However, if i get naked in public, there is definitely no reasonable expectation of privacy

      My problem with this is that when people are having sex in their rooms, or when a couple take nudes in their rooms together, they do this with a reasonable expectation of privacy. So for one to be exposed for something they did in private is an utter violation of their privacy.

      This again draws us back to internet anarchy and a need to regulate it. As you can see the latest victim of internet anarchy is Anita Fabiola. Clearly she took those photos with a reasonable expectation of privacy, only for this privacy to be later stripped of her.

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