ROSANA: Why laws alone cannot shape the cyberspace

In 2001, the European Union enacted the Budapest Convention on Cybercrime. In 2018, Kenyan legislators took the Budapest Convention, baptised it and gave it a new name, the Computer Misuse and Cybercrimes Act 2018.

It is certainly not the first time legislators have imported a law from other countries and transfixed it here expecting the same results as its origin. Lord Denning had it in Nyali Ltd v Attorney-General (1956) that you cannot transplant the English oak to the African continent and expect it to flourish in the same manner as in England.

Laws regulating behaviour in other countries may be effective, but one should resist the temptation to import those laws in order to regulate the same behaviour in their own jurisdiction.

The effectiveness of a law does not depend solely on how well it is drafted. The law is effective when it incorporates the values shared by those to whom it is addressed. It is not enough to adopt a law from somewhere else because it is working, we must first ask why it is working. ..Read More..

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