[rpd] New Policy Proposal - "Anti-Shutdown (AFPUB-2017-GEN-001-DRAFT-01)"

[Kris Seeburn]

I wanted to append an agreement which is official on the internet between ICTA and MTMLfor example:

I want to raise your attention to a certain section: Refer to section 18 in the agreement:

18. Compliance with Directions and Decisions
The Licensee shall comply with all directions issued and decisions made by the Authority under the Act, without prejudice to the Licensee’s rights to seek review under the Act and
such other laws as may be applicable.



For country report have a look at Mauritius section which reads:

Mauritians receive the majority of their news from television, which is monopolized by the government. Radio broadcasts are dominated by the government’s Mauritius Broadcasting Corporation, which is funded predominantly through a television license fee, although there are several private radio stations. The private print media are vibrant, with 9 daily papers and 33 weeklies, but ownership is concentrated in two main media houses, Le Mauricien Ltd. and La Sentinelle Ltd. The internet is unrestricted by the government, and usage is wide compared with that in other African nations, at 24 percent of all households. However, on November 9, the Information Communication Technology Authority (ICTA) allegedly requested that internet service providers block access to Facebook, the social-networking site, in response to the posting of a fake profile of Prime Minister Navin Ramgoolam. Access to Facebook was reportedly restored later in the day once Facebook had removed the profile, following the ICTA’s request.

I can even dig more and lay them here. But it is an important reminder that government ha its own views and controls whether we like it or not. So the section 18 in the agreement between ICTA and he ISP operator keeps and overall open decision block that the regulator can exercise. And am sure we look over africa and elsewhere the situation stands the same. You want to keep your license or not.

Just some thoughts. 



> On Apr 12, 2017, at 8:30 PM, sm+afrinic at elandsys.com wrote:
> 
> Hi Kris,
> At 07:36 12-04-2017, Kris Seeburn wrote:
>> I am in total agreement with you on your different points. The issue however we like to put it stands behind political/government decisions. The regulator acts on behalf of the government and of course forces ISPs to act or react. The fight for net neutrality and
> 
> The regulator I am familiar with is described as an independent body corporate.  It would no longer be independent if it acts on behalf of the executive branch of government and it would not be able to create a level playing field for all service providers operating in the country in the interest of consumers in general.
> 
> There are other issues, e.g. would the internet service provider disrupt or intercept the communication of one or more of its users as the executive branch asked it to do that without providing any legal basis?
> 
> Regards,
> S. Moonesamy 

Kris Seeburn
seeburn.k at gmail.com
www.linkedin.com/in/kseeburn/ <http://www.linkedin.com/in/kseeburn/>




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