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Re: [kictanet] Media council Draft bill 2010 (Day Three--Composition of Council )
by toby＠law-democracy.org 27 Jan '11

27 Jan '11

Hi all, Sorry for weighing in late on this one. I was travelling yesterday and of course the questions went out late. Generally speaking, although I am quite critical of the role of the Media Council re. journalists, and even question the need for such a body, I think the Bill does a pretty good job in terms of setting up the Council and, in particular, of ensuring its independence. Re. the question on areas of expertise, I find the list OK. Other areas such as policy, technology and business might be added. I think expertise on gender and human rights is a very important area. I don't think the focus should be on professional status so much as having a wide range of types of expertise that are relevant to the functions of the Council, most importantly applying the Code of Conduct. For this, what is needed is individuals who can, while understanding the importance of freedom of expression and the way the media functions, for example assess whether particular media output meets acceptable standards of taste (para. 9 of the Code), covers ethnic conflict appropriately (para. 11), and respects privacy (para. 13) - these are just random examples. I agree with Grace that it would be useful to include a requirement of gender representation. There was a suggestion that only journalists should be members. This is not appropriate for in this case, it would be a cosy club assessing itself. It is perhaps worth noting that in both of the two examples I gave early (UK and Indonesia), the relevant bodies include non-media members. The UK Press Complaints Commission always has a majority of members, including the Chair, who do not come from the media (even though it was established by the media) while the Indonesian Press Council has 5 members representing journalists, 5 representing media owners and 5 representing the general public (although again, like the PCC, all chosen by the media). Re. Chapter Six of the Constitution, I cannot claim to be an expert in Kenyan constitutional law and I did not even have a change to read these provisions. But when I read that provision in the Media Council Bill, I assumed the chapter set out various objective requirements, such as independent, integrity, etc. I don't think the intention is that members of the Council will be officials (this is just not in keeping with the whole tenor of the Bill). Furthermore, section 9(1)(g) of the Bill would appear to specifically preclude this. Re. distinguished career, I think the idea is to prevent nepotistic appointments (this would provide a basis for challenging an appointee who did not appear to be appropriate), rather than as a strict positive requirement. To this extent, it is probably useful. Toby ___________________________________ Toby Mendel Executive Director Centre for Law and Democracy toby(a)law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org On 26 Jan 2011, at 04:27, Grace Githaiga wrote: Dear Listers Welcome to day 3 of our discussion of the Media Bill in which will tackle two issues namely Composition of the Council(article 6) and Qualifications of Members (Article 7 (1)). Article 7 (2) on appointment of Chairperson will be discussed tomorrow. Today's debate Article 6 states that the Council shall comprise seven members, appointed in accordance with the provisions of this Act. Article 7 (1) states...A person is qualified for appointmentif such a person (c ) have knowledge and experience of at least 10 years including past or continuing membership to industry or other professional body in matters relating to any of the fields: i) Law ii) Journalism iii) Finance iv) Gender and human rights v) Performing arts; or vi) Advertising. Questions: · Should other professions be considered? · Is gender and human rights relevant in this list considering there is mention of one belonging to a professional body? · And is it necessary to actualize gender balance? If so, how? · Out of the seven council members (article 6), are there some who are critical and must be represented in the Council? (d) Meets the requirements of chapter six of the Constitution Question: Chapter six of the constitution is on leadership and integrity and relates to state officers. Is there an assumption then that the council members will be considered state officers? Is this section necessary? (e) Has had a distinguished career in their respective fields. Question: How workable is this? Your suggestions are highly appreciated. Rgds Grace ___________________________________ Toby Mendel Centre for Law and Democracy toby(a)law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org

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POWER EDGE RAID CONTROLLER PERC H200
by John Gachagua 27 Jan '11

27 Jan '11

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Media Bill Discussion - Legal Provisions forStorage of Digital Content
by Edith Adera 27 Jan '11

27 Jan '11

Listers, IDRC has been supporting a research study “assessing the effects of ICTs on perceptions about agricultural biotechnology in Africa (case of Kenya and Burkina Faso)”. During this research in Kenya, one of the major challenges was getting agricultural radio scripts of past programs to undertake a content analysis. Most media stations write over their tapes and there is no way of retrieving content for research, and/or future use/posterity. What ever happened to our archiving systems? And preserving our national heritage? There is need for provisions in the law that enforce storage of aired digital content to facilitate related research activities and other “heritage” efforts. With the promotion of local content (60%?), this becomes ever more critical. Edith ________________ Edith Ofwona Adera Senior Program Specialist ICT4D Program and Climate Change & Water Program International Development Research Centre | Centre de recherches pour le développement international Regional Office for Eastern and Southern Africa Tel: +254202713160 | Fax/Téléc: +254202711063 | Skype: edithadera eadera(a)idrc.or.ke<mailto:[email protected]> | www.idrc.ca<http://www.idrc.ca/> | www.crdi.ca<http://www.crdi.ca/> [https://email.idrc.or.ke/owa/attachment.ashx?id=RgAAAAANayfd3%2b2VQYZo%2flc…]

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Registration for the Africa Internet (and Mobile) Entrepreneurs' Conference 2011
by Albert Mucunguzi 26 Jan '11

26 Jan '11

Dear All, Registration for the Africa Internet (and Mobile) Entrepreneurs' Conference, scheduled to take place on March 4, 2011 in Kampala is now open online. You can follow the link below to complete your registration. AFRIEC 2011 Registration page Enquiries can be submitted to the email: afriec(a)pctechmagazine.com Thank you and looking forward to seeing you. _____________________________ Albert Mucunguzi Team Leader PC Tech Magazine Mobile: +256 712 619812 / 782 619812 Website: www.pctechmagazine.com E-Mail: i(a)albertmucunguzi.com Twitter: @albertmuc Facebook: www.facebook.com/almuc Personal Web: www.albertmucunguzi.com Blog: www.pctechmagazine.com/blogs/almuc

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Media council Draft bill 2010 (Day Three--Composition of Council )
by Grace Githaiga 26 Jan '11

26 Jan '11

Dear Listers Welcome to day 3 of our discussion of the Media Bill in which will tackle two issues namely Composition of the Council (article 6) and Qualifications of Members (Article 7 (1)). Article 7 (2) on appointment of Chairperson will be discussed tomorrow. Today's debate Article 6 states that the Council shall comprise seven members, appointed in accordance with the provisions of this Act. Article 7 (1) states...A person is qualified for appointment…if such a person (c ) have knowledge and experience of at least 10 years including past or continuing membership to industry or other professional body in matters relating to any of the fields: i) Law ii) Journalism iii) Finance iv) Gender and human rights v) Performing arts; or vi) Advertising. Questions: · Should other professions be considered? · Is gender and human rights relevant in this list considering there is mention of one belonging to a professional body? · And is it necessary to actualize gender balance? If so, how? · Out of the seven council members (article 6), are there some who are critical and must be represented in the Council? (d) Meets the requirements of chapter six of the Constitution Question: Chapter six of the constitution is on leadership and integrity and relates to state officers. Is there an assumption then that the council members will be considered state officers? Is this section necessary? (e) Has had a distinguished career in their respective fields. Question: How workable is this? Your suggestions are highly appreciated. Rgds Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!

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IGF 2011 - Request for Comments
by waudo siganga 26 Jan '11

26 Jan '11

Dear Colleagues, Arrangements for building the program for the next IGF meeting scheduled to be held in Kenya in September will start with a planning meeting in Geneva 23-24 February. IGF activities are multi-stakeholder bottom-up so listers are invited to send proposals for the Nairobi program to [1]igf(a)unog.ch. The official announcement from the website is below: 2011 Open Consultations and MAG Meeting The next Open Consultations will be held on 23 February, to be followed by a MAG meeting on 24 February which will be open to observers. Both will be held at the Palais des Nations, Geneva, Switzerland. Request for Comments All stakeholders are invited to submit proposals for the programme of the 2011 meeting ([2]igf(a)unog.ch) Inputs received by 7 February 2011 will be reflected in the first draft of a programme paper that will serve as a rolling document during the course of the preparations. References 1. mailto:[email protected] 2. mailto:[email protected]

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Fwd: From Davos world economic forum..
by Paul Kukubo ICT Board 26 Jan '11

26 Jan '11

> The world has been globalized by digitization, and this posses it's own challenges. Worth noting. Wikileaks, Twitter, Facebook. Skype were start-ups just yesterday, and now they are forces for globalization. > > > Jan 25, 2011 -- Updated 0921 GMT (1721 HKT) > What is the 'new reality' faced by the world? > By Paul Armstrong, CNN > > Davos, Switzerland (CNN) -- The global economic crisis exposed fault lines in our capitalist system with such ferocity that even the most optimistic of analysts struggled to predict when -- or even whether -- a full recovery was possible. > > Chastened by this experience, politicians and business leaders concede that the world has changed and a new approach is required to achieve greater prosperity for all. Organizers of the 2011 World Economic Forum at Davos, Switzerland, say this year's theme, "Shared Norms for the New Reality," reflects this thinking. > > The world goes global > > WEF founder Klaus Schwab explained that this new reality means understanding the impact of globalization and the Internet. "We are now living in a completely digitalized world and a completely globalized world, so we have to find some new mechanisms and values to deal with this post-digitalized and post-globalized world," he told CNN's Richard Quest. > > He stressed the same problems of unemployment and inflation exist but "we deal with those problems in a completely new context. Klaus Schwab: World leaders need to inspire recovery "For example, you have the shift in the geopolitical and geoeconomic center from north to south, WikiLeaks, I could go on and on." > > Volatility and uncertainty > > Nestlé CEO and WEF co-chair Paul Bulke explained the post-crisis reality will require a complete re-think of our priorities and value systems to address the current volatility and uncertainty in the world. > > "In the short term we must manage the debt crisis, we can't continue living beyond our means," he said in an interview posted on the WEF website. "We have to organize ourselves in response to new challenges and refresh our regulations, especially in the developed world. > > "But over-regulation is not a good option. You cannot regulate honesty for example. I'm a true believer in a principled approach to business, rather than an excessively rule-based system which will only asphyxiate initiative and growth. > > "The wiser choice is to agree to share norms for our new reality based on strong and explicit global principles -- the very ingredients needed to fuel development." > > The future for the banking sector > > The banking sector in particular has been a lightning rod for public criticism, after a number of major banks in the United States and Britain received billions of dollars in taxpayer-funded rescue packages at the height of the crisis. Many had been caught out after the collapse of the housing market on both sides of the Atlantic, which exposed a culture of high-risk lending without proper risk management in place. > > Some analysts ventured that lucrative bonuses have encouraged bankers to take greater risks for short-term gains. > > But Bulke also pointed to the progress made by the private sector in the development of emerging economies, which has in return reduced rates of absolute poverty. "The private sector run in a principled way based on strong values and with a long-term perspective is a fundamental force for positive development in society," he said. > > In its 2011 Annual Global Risks Report, the WEF warned the world's economy could not withstand any further shocks to the system and identified 37 main threats to its future stability, from crippling government debt and cyber security, to unsustainable pressure on resources and food security. > > Crisis in the euro zone > > Among the most serious economic risks is the ongoing fiscal crisis in the euro zone -- sparked by countries borrowing and spending beyond their means -- which has spread from Greece to Ireland and Portugal in the past year. > > This prompted other euro zone partners to pump in billions of dollars in bailout packages, as investors worry about governments' ability to repay their debts. Governments have reacted with severe austerity measures which have in turn brought thousands onto the streets to protest. > > Food prices hit record high > > Meanwhile, the United Nations Food and Agricultural Organisation warned that world food prices hit a record high in December, prompting riots in a number of poorer countries, from Mozambique to Algeria. Analysts believe a combination of causes, from environmental factors such as major droughts and wildfires, to a surge in the world's population, have hit global crop prices. > > The report also notes that while globalization has reduced impediments to trade, improved international connections and sustained growth for a generation, it has also increased divisions within countries. > > Internet-enabled mass protests > > But the current generation of ordinary people have been able to voice their discontent like never before, thanks largely to the proliferation of the Internet and social media. Whether it is in Greece, Iran or Tunisia, like-minded people have been able to share information and then mobilize swiftly. > > "We are having to confront so many risks at the same time," said Schwab. > > In order to meet these challenges decision-makers will have to "overcome the behavioral biases towards immediate, short-term solutions and switch to longer term thinking," according to Howard Kunreuther, Co-Director of the Wharton Risk Management and Decision Processes Center. > > In short, future development in the 21st century will have to be more inclusive and collaborative in order to reduce the divisions that threaten food security and increase tensions over trade imbalances. > > A framework for inclusive growth > > According to the WEF, the key to navigating this new reality "will be the shared norms that not only transcend differences across generations, stakeholder groups and geographies in a multi-polar world, but also enable inclusive growth. > > "These norms must be truly shared and integrated into a holistic, interdisciplinary and multidimensional framework. For governments as well as multinational corporations, shared norms provide the compass by which leaders give and receive direction, define benchmarks for acceptable and unacceptable behaviors, and ensure inclusive rather than exclusive outcomes." > > Sent from my iPad

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Apologies - Media council Draft bill 2010
by Odhiambo Washington 26 Jan '11

26 Jan '11

Hello Listers, You may have noticed by now a hiccup on the flow of messages to this forum. This was caused by some DNS related problems that cropped up at our provider's end in the process of trying to address mail delivery failures from other members. This has now been satisfactorily addressed, thanks to the quick reaction from our hosting provider. Allow me to take this early opportunity to s*incerely apologize for the technical mishap*, which has clearly led to a significant lag in the important discussions that were already in motion. Grace Githaiga, the discussions moderator, will now proceed with the remaining legs of the discussions from where they got stalled yesterday afternoon. -- Best regards, Odhiambo WASHINGTON, KICTANet Lists Administrator

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Media council Draft bill 2010 (Summary of Day Two discussions)
by Grace Githaiga 26 Jan '11

26 Jan '11

Dear Listers Thanks to all who made contributions to the debate today. Out of the discussion, we have been able to flag the following as issues arising: 1. Are the meaning of the terms 'journalist' and 'journalism' as used in the act, too wide or too narrow? 2. The definition of 'media' and 'media enterprises' in the act does not draw a definite distinction between the two. Also consider the definition of traditional-type media that also disseminate over the Internet to distinguish between them and bloggers. 3. Would the setting of employment criteria for journalists infringe on their freedom of expression? 4. Should there be accreditation of journalists? both foreign and local? 5. Is the definition of 'foreign journalist' as used in the Act too narrow? 6. Are the provisions of Section 4(c),(e),(h) and (i)of the Act too repetitive? We look forward to hearing more from you tomorrow when we discuss the issues of the Composition of th Council and their qualifications. Some people already raised them yesterday and tomorrow we focus the day on them. Kind Regards Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!

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Re: [kictanet] Media council Draft bill 2010 (Day Two discussions)
by toby＠law-democracy.org 25 Jan '11

25 Jan '11

Hi all, A few comments on todays questions. On the first two questions, we should also look at the definition of media, which includes electronic media engaged in publication for circulation to the public, except for book publishing. Taken together, it seems to me that the definitions clearly include Internet forms of new media, such as bloggers. There are ways to define traditional-type media that also disseminate over the Internet. For example, the Council of Europe (the human rights body for Europe) relies on the notion of an editorial process, which thereby excludes bloggers. Otherwise, I am not sure why we want to distinguish between media content and media enterprises. On the questions about journalists, under international law, it is well-established that it is not legitimate to impose conditions on who may be a journalist. Neither the definition of a journalist in the Bill nor the reference to the Council setting criteria for the employment of journalists meet this standard. Furthermore, the matter of registering journalists is very dubious from the perspective of freedom of expression. It is not just that there are practical problems with this (eg how to capture ad hoc commentators), but the whole idea is offensive to freedom of expression, in part because there is no justifiable reason for doing it. Section 37 is also relevant here, calling for the accreditation of foreign journalists. The import of this is not clear. But if it means that foreign journalists may not report from Kenya on an ad hoc basis without being accredited by the Council (as opposed to foreign journalists who are based in Kenya on a longer-term basis), then it is very problematical from the perspective of freedom of expression. As I mentioned yesterday, it may be legitimate to establish a statutory media council (by the way, I don't understand Rosemary's question on this - this is clearly a statutory body, ie established by law, and not a self-regulatory approach, ie established by the media themselves). But I do not think it would be legitimate for such a body to impose sanctions directly on individual journalists, as opposed to media enterprises. In the end, it is the (collective) decision to publish in the media, which involves not only the originating journalist but an editorial process, which is responsible for any harm caused by that publication. So it is the media enterprise, and not the journalist, who should respond to any complaints. Of course there may be cases where the behaviour of individual journalists may cause harm, eg by invading privacy, but these can be remedied either by civil action against the journalist or again through complaints to the media house. In practice both statutory and self-regulatory systems in democracies around the world normally address media houses, and not individual journalists as such. This is the case, for example, with the Press Complaints Commission in the UK and the Press Council in Indonesia, just to give two examples. Finally, I am concerned with the focus in section 4, functions of the Council, on setting professional/ethical standards. No less than three of the functions focus on this (4(c), (e) and (i)), in addition to the idea of resolving complaints. Is this really necessary? Toby ___________________________________ Toby Mendel Centre for Law and Democracy toby(a)law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org

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