Can The Government Really Prosecute WhatsApp Group Members?

July 17, 2017 - 0 Comments

Across the world, there have been a constant fights between Governments that want information, and Tech companies that want to protect privacy.

In 2016, WhatsApp added end to end encryption for exactly this reason – so that the messaging company couldn’t be in a position to give away informations, even if they wanted to.

In an announcement then published via a blog post, the company said:

“From now on when you and your contacts use the latest version of the app, every call you make, and every message, photo, video, file, and voice message you send, is end-to-end encrypted by default, including group chats.”

Now, we here at MRX are not legal experts, but we can speculate…

If the message being submitted as evidence in court is in the form of a screenshot, it is more or less like hearsay. “He said, she said” accounts are insufficient in a court of law. Besides, what solid proof is there that tie the message to the sender. Unless the court can get business records of these messages from WhatsApp (which is not possible, because of end-to-end encryption), then proving the connection is highly unlikely.

That’s just speculation though…

Here’s an article expounding on Kenya’s laws regarding the use of electronic evidence in Kenya.

Irregardless of whether or not you can be punished for spreading hate speech via WhatsApp, you still need to be responsible online…

If not for the fear of being prosecuted, then for any respect and care you have for your parents, siblings, friends, and future generations. When someone sends you a hateful message, reprimand them and let them know that you stand for using social media responsibly. Let them know you stand for peace. We cannot afford a repeat of 2007-2008.

Also read: “Truth and Lies: You are Susceptible to Manipulation


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