The Ethiopian Parliament approved the draft Proclamation on Telecom Fraud Offences as Proclamation 761/2012 this afternoon.
The draft legislation was referred to the Science, Communication and Technology Standing Committee of the parliament on May 24, 2012.
The parliament approved the new law after listening to the explanations on the intent and revisions made on the draft legislation by the Committee, according to Honorable Abdusemed Mohammed, an MP from Dire Dawa.
The MP informed this blogger by phone that the Committee explicitly stated, in the agenda paper distributed to Parliamentarians today, that one of ‘the new legislation legalizes the use of VOIP services’.
The agenda paper raised the issue of VOIP services as one of the 5 main issues of the legislation.
The agenda paper stated that the new legislation voids the prohibition on private use of VOIP services by the 2002 Telecom legislation.
However, the Committee said that providing telecom operator service without permit is still prohibited. The statement appears to refer to the provision of Tele Center services.
It is not clear how this affects internet cafes, while the private use of VOIP services for PC-to-PC calls or PC to telephone calls are explicitly affirmed as legal by the Committee.
The Committee named Skype and G-Talk as examples of VOIP services in its explanatory paper.
The parliament had a considerable time debating the legislation, though apparently focused on issues like the telecom monopoly which are remotely related to the matter.
It is not clear whether amendments were made to the sticky sections of draft legislation, which were repeatedly raised in the previous posts in this blog in the past three weeks.
[Stay tuned for updates.]
*************
Check the Ethio Telecom archive or the Human Rights archive for previous and forthcoming posts.
Internet cafe’s do not provide skype service b/c they don’t charge for it. They charge for the usual internet use so there is no commerce with respect to skype. Their benefit is the more minutes used due to skype. It is your pc for the duration of the rent.
However, some may charge extra for webcam and headphone rent but splitting hair is for lawyer. Lol
Thank you Sir,
Your blog has become one of my leading source of primary information. All your posts are always up-to-date, worth listening and relevant. Thank you for bringing all agendas to one blog………
Liked it much!!!!
Keep it up……………….
Thank you Daniel for clarifying some of the issues. I live overseas and sometimes I use Skype with friends or relatives who use the service of the Internet Cafe. It is a relief to know that they won’t be in trouble if they use VOIP at the internet cafes.
When the meaning of a law is not clear, the judge is supposed to refer to the legislative intent.
@ALL.
I was simply reporting the event of the day. So, I didn’t elaborate on the matter.
To answer your question and to give you the general picture, perhaps this quote from my previous post could help:
______
June 22.
…….In response to a foreign journalist’s question whether there is any requirement or precondition to use VOIP. Minister Shimeles said, ‘there is none, though the Ethiopian Telecommunication Agency (the telecom regulatory body) has the mandate to set such rules if it deems necessary’. Even in that scenario, it will only be regulate, not criminalize VOIP use.
The Ethiopian law, as it stands, doesn’t prohibit the use of VOIP and the practice confirms that, the Minister said.
No less important thing is that State media, both TV and Radio services, reported the legality of VOIP use in prime time news. Such announcements are given more weight than the letter of the law in the Ethiopian public.
Update:
* Using VOIP services in Internet Cafes is legal, Minister Shimeles Kemal’s Friday statement underlined. Same was reported in the local newspapers in the weekend as well as FM Radios in the capital. Some of his remarks can be found on this video (here).
https://hornaffairs.com/2012/06/23/update-internet-telephony-is-legal-perhaps-in-internet-cafes-too/
Hi, first of all thank you for the valuable information. Keep up the good work. As you mentioned in your report, it is not clear how this legislation affects the Internet Cafes where many people who can not afford their own computers with Internet go to. Would an internet cafe be charged with breaking the law if it gave service for a client who would like to Skype a relative or a friend in Europe or America? If those who have their own computers at home are allowed to use Skype, those who can afford only to go to Internet Cafes should be allowed to use Skype as well. I don’t think Internet Cafes should be punished for giving service for the less fortunate ones.
Most foreigners living in Ethiopia uses a VOIP provider to call home from their computer (PC to phone) or from Internet cafes. Eg: ActionVOIP. Its not only Gtalk or Skype. There are hundreds of such Voip providers. International call from Ethiopia costs a lot more than that of neighboring South Sudan. Either ETC should reduce Intl call rates or allow Voip users to use it from Internet cafes.
Does this mean the new reflections are merely noted by the committee or written in black and white on the legal document.
You said “The agenda paper stated that the new legislation voids the prohibition on private use of VOIP services by the 2002 Telecom legislation.” Does the agenda paper have the same binding power as the law? And where is the logic in allowing it for private use but you can trade in it. I have no computer and i can’t get that service even if i have just enough money to buy it from service provider.
This is not pro poor policy because it favors ony people who have their own pc. Please Dani boy reply foy my querries
Thank you Daniel for all the information you have providing us on this issue. I don’t know how I have been happy of you for trying to provide the public with the correct information. What will the extremists say now is not an issue for me. They will reject and say it repressive what so ever. Thank you again for standing for the truth!