The right to internet has been viewed as a fundamental aspect in the upholding of other fundamental bill of rights. It is seen as crucial in upholding other basic rights such as freedom of expression and access to information.
Digital rights including the right to internet, are a part of emerging issues in human rights especially in this new internet era.
Digital rights and the right to internet are very important for both individual and societal growth. Digital rights allow people to access, use, create and publish information which is a part of the freedom of expression.
Digital rights are not clearly defined in Kenya as a standalone human right. However, aspects of digital rights are contained in the various freedoms in the Constitution.
The freedom of expression is a freedom provided for in the Kenyan Constitution and Bill of Rights. Freedom of media is also provided for in the Kenyan Constitution.
For digital rights to be effective, then there ought to be a sound mechanism of ensuring that digital privacy is upheld. The Constitution also provides for data privacy and security.
The Kenyan Data Protection Act is a law enacted to ensure data privacy and security is upheld.
The right to internet is therefore a periphery right that would ensure all other digital rights are upheld.
Recently, a global internet service provider ( ISP), Starlink sought entry into the Kenyan market. The main services offered by Starlink are provision of high-speed internet for residential connection, on the go connection and even sea connection.
Starlink offers satellite ISP services, therefore a bit distinct from the current market options.
Concerns about the impact of the entry of Starlink into the Kenyan market were raised by a number of market players already offering ISP services in Kenya.
This raised public concerns as to the motive of the objections, which many perceived as anti-competitive objections. The Competition Authority Of Kenya, the licensing entity clarified that the concerns were within their mandate as a regulator, to consider.
Of interesting note, according to a report on ITWeb. Africa, Cameroon banned the operations of Starlink citing security concerns and unfair competition.
One of the ISPs stated that the satellite provider should not be allowed to operate independently but rather under a licence from the local licensee, as per a web report.
A further argument against Starlink was that allowing it to operate without a physical location within Kenya, would make it difficult to control and regulate the ISP.
Here are some reasons why I think Starlink should be granted market entry into Kenya.
Firstly, the concerns raised are not incurable. Issues of governmental control and lack of a physical location can all be addressed as conditions in the licence. The concerns are not so damaging in my view.
Secondly, allowing Starlink to operate would promote consumer rights. When you balance the concerns raised and the benefits to the consumer by allowing Starlink’s entry, I believe the consumer benefits far outweigh the concerns.
Allowing Starlink would liberalise the market and allow fair competition. The biggest beneficiary of fair competition is the consumer.
ISPs would be forced to improve quality and reduce prices when there is fair competition. The consumer also has a right to choose the ISP he wishes to procure from.
Liberalising the market and allowing competition in the ISP space, will promote digital rights and uphold the freedoms of expression and media.
Ms Mputhia is the founder of C Mputhia Advocates. Email: [email protected]
