Punish those who misuse social media

I will go against the grain of popular opinion by stating that the jailing of a blogger who insulted an entire community, and the President, is a good thing in the battle against the poisonous ethnic bigotry, character assassination and libelous drivel that characterise Kenya's social media today.

It is true that the court did not help its case by appearing to fast-track the matter, yet similar cases are also pending, but due process was followed.

Today, even extortionists can pose as journalists to tear down people's hard-earned reputations at the click of a button. Anyone can set up a blog and spew hate.

Ethnic bigots and crooked journalists can write just about anything and get away with it.

Those blasting the conviction of Alan Wadi Okengo, alias Lieutenant Wadi, especially media practitioners are, to a certain extent, a bit hypocritical.

Much has been made of the famous words of French essayist and writer Voltaire that “I do not agree with what you have to say, but I’ll defend to the death your right to say it.”

Columnists are wont to quote these famous words to justify their claim that freedom of expression is under attack. But really, who, for whom and for what?

Voltaire was living at a time when the church had become an ally of the French state in subduing freedom of expression. It was an extraordinary time that demanded extraordinary men and women.

Today, other than the fact that Kenya is at war in Somalia, only fear-mongers motivated by self-interest can claim that freedom of expression, as enshrined in the Bill of Rights in the Constitution of Kenya, is under attack.

The truth is that it matters not whether the case appeared “rushed” or “political”. The law was broken and punishment was delivered. Whether or not the latter was excessive is for the Court of Appeal to determine, not the media.

If indeed we believe we are a country governed by the rule of law, then so be it.

No one should be allowed to destroy another person's reputation on any forum, including Facebook, Twitter, Instagram and Whatsapp, without adducing evidence.

A precedent had earlier been set by the courts when a so-called journalist was jailed after he failed to raise enough money to pay a fine. He had, without any real proof, defamed a local politician, by alleging that he was corrupt.

He was unable to pay the fine of Sh3 million and was jailed for six months. A member of the so-called Fourth Estate was thus found to have broken all the rules of the profession with impunity for reasons only he can explain.

At least journalists have a regulator, the Media Council of Kenya, where aggrieved members of the public, who feel they have been unfairly treated, can complain.

When an individual sets himself or herself up as a paragon of virtue and proceeds to insult the reputations of others, then they should be ready to defend their actions, or failing, suffer the consequences.

As I write this, a poor woman has just been called corrupt and promiscuous by someone on his Facebook page, citing “allegations” that are purely hearsay, and have no basis in fact or law.

Another hard-working county executive has just had his reputation sullied, also on Facebook, by the same person. In both cases, the individuals are targets of slander, likely to have been perpetrated by jealous colleagues and people out to extort money.

The source of the alleged evidence is not revealed. Both victims have gone to court citing defamation and their chances of winning, and winning big, are high. If I call you a thief and I can’t prove it, then I am a liar.

Is the jailing of “Lieutenant Wadi” proof of a campaign to undermine freedom of expression? I don’t think so and here’s why.

Even though I agree that all politicians and public officials, including the President, should expect a higher level of scrutiny, having been placed in positions of trust, they too, like any other Kenyan, deserve the right of reply, no matter how repugnant the allegations made against them may be.

It was important for the President to feel the pain of an unprovoked and wildly speculative assault on his dignity and office, in order for him to understand what many without access to the State’s instruments of violence and mystique of executive authority, undergo every day, when their names and photos are plastered all over social media on spurious claims.