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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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How much does it cost to develop an iPhone application?
by S.Murigi Muraya 25 Jan '11

25 Jan '11

While the interesting Media Council draft bill discussions continue... and even though the IPhone and its applications are going to remain irrelevant to 99.9% (999 million) of us in Africa for the foreseeable future (at least up to 2020) http://www.marcforrest.com/2010/06/04/how-many-iphones-are-there-in-south-a… This is interesting info... http://stackoverflow.com/questions/209170/how-much-does-it-cost-to-develop-… Even here in Kenya, it is NOT easy to develop quality apps while investing less than USD 70.00 per hour (including VAT, training, equipment, bandwidth, damage control for unhealthy lifestyles) per software or web developer / designer ... Most Companies (co.ke) insist on relying on "freelance" consultants (not companies) who cannot afford to share the work or train other developers. The usual end result is well known.. Quite incredible the kind of libraries, training facilities and events that even relatively small software houses in the West have..

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FW: Competitive Partnerships Initiative (Clusters) Workshop, on 25th-26th January 2011, at Intercontinental Hotel
by waudo siganga 25 Jan '11

25 Jan '11

An interesting discussion going on at the InterContinental. Tomorrow (Wednesday) morning's session will be devoted to ICT and is open to those interested. Please see the attachments.

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Re: [kictanet] Safaricom Bonga Points Merchandise
by Linda Muka 25 Jan '11

25 Jan '11

Washington, we refer to your comments on the Safaricom Bonga Points loyalty Program. Thank you for your feedback and continued interest in the Safaricom Bonga Points loyalty program. We would like to take this opportunity to provide some clarity on the Bonga Points Loyalty program. We at Safaricom continuously strive to ensure that the matrix is up to date through quarterly reviews. This has been a conscious decision implemented to ensure that we retain and rekindle interest and excitement in the program. As such, we introduced a new reward dubbed “Free Airtime” last year, which enables customers to redeem their points for various airtime rewards from as little as 100 points. We have recently concluded and advertised the reviewed merchandise and redemption matrix for the first quarter of 2011, to include new devices and bundle rewards. We request that you dial *126*2# to get a full view of the complete list of available rewards. To make the program more inclusive, we have also reduced the redemption threshold from 100 points to 25 points. Customers can now redeem various Minutes, SMS, MMS and Data bundles from as low as 25 Bonga points. On your request that we include the new IDEOS phone into the matrix, we assure you that we shall take this into consideration as we make our review for the next quarter. We shall share the results of that review with the market. All this is actively done in keeping with our promise to give the best experience to our customers in all facets of our operations. Regards, Linda From: kictanet-bounces+lmuka=safaricom.co.ke(a)lists.kictanet.or.ke [mailto:[email protected]] On Behalf Of Odhiambo Washington Sent: Friday, January 21, 2011 11:53 PM To: Linda Muka Cc: Skunkworks forum; KICTAnet ICT Policy Discussions Subject: [kictanet] Safaricom Bonga Points Merchandise Safaricom has done quite some revisions on their tariffs and data bundles but their Bonga points redemption matrix remains unchanged ever since. I have been hoping (and praying) that they can at least revise the merchandise, given that even some of those they list are not anymore in the market (I may be wrong!) but with prices always depreciating, is it not logical that Safaricom put some revision into this loyalty program?? Can Safaricom also make the point system a little bit realistic when compared to the merchandise?? I know they are not under any obligation but I sure can be motivated to "talk more" within "Niko Na.." with the hope that kupiga mdomo kwangu heunda ikanifaidisha vikubwa:-) Maybe they should include the Huawei IDEOS as one of the merchandise;) -- Best regards, Odhiambo WASHINGTON, Nairobi,KE +254733744121/+254722743223 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Damn!! ##################################################################################### NOTE: All emails sent from Safaricom Limited are subject to Safaricom�s Email Terms & Conditions. Please click here to read the policy. #####################################################################################

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Re: [kictanet] Media council Draft bill 2010 (Day Two discussions)
by Grace Githaiga 25 Jan '11

25 Jan '11

listers Today, we will shift our focus on Part 1 sections of Part 2(Functions of the Council, Operations of the Council). Part 1 is the index and has the interpretation/definition of terms. This is straight forward. However, I will raise three concerns. Part 1 Interpretation Journalism is interpreted to mean the collecting, writing, editing and presenting of news or news articles in newspapers and magazines, radio and television broadcasts, and in the internet. Question: Does this definition mean the online versions of news from different media houses? A concern has been raised about bloggers for example the many bloggers who were presenting opinions as news/facts in post election violence. “Media” is interpreted to include both electronic and print media engaged in any production for circulation.. While “Media Enterprise” means an organization whose business involves the collection, processing and dissemination of news…through media.” Question: Is there a better way of phrasing the two so that it is clear to distinguish between content (media) and business (media enterprise)? Part 11 Functions and Operations of the Council In 4 (h), the Council will make recommendations on the employment criteria for journalists. In yesterday’s discussion, Rosemary raised two concerns. a) How will this be done? b) Is this not infringing on the freedom of journalists? Does this mean that one cannot get employed unless the Council recommends the criteria for employment? In 4 (k) the Council will compile and maintain a register of journalists, media enterprises and such other media enterprises and such other related registers as it may deem fit. a) Rosemary raised the issue of those who contribute commentaries, and whether media houses will on a daily basis need to send the list of journalists or will this be done annually? In other words, how will this register be compiled? b) Does this then not call for accreditation of local journalists? And to our last concern today: On operations of the Council the bill states: The Council shall operate without any government, political, commercial or other bias or interference and shall be wholly independent and separate from government, any political party or organization, any commercial enterprise or enterprises, or any nominating authority. a) Again Rosemary raised the issue of whether we are talking of a self-regulatory media council or a statutory but be self-regulated by the industry and the public. b) Can this be actualized when the Council is receiving funding from the government? Listers, I invite you to give suggestions. Feel free to contribute to any or all of the questions. Have a great day. 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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Re: [kictanet] Media Council Draft Bill 2010 (Day one discussion)
by Francis.Hook＠gmail.com 24 Jan '11

24 Jan '11

Hi KK, Not meaning to be too argumentative (especially on a tiring Monday) - but does content exclude what the media (as journalists, producers, announcers, owners etc) create or offer in terms of talk shows, re-briadcasting etc etc whether on radio or TV. My point is, if the MCK is working well to develop professional ethics (across the board - journalist, producers, advertiser, etc etc), ergo there is no need for BCAC? Or is BCAC a safety net such that where media practitioners of the sorts described, STILL allow unsuitable/provocative/inaccurate/fraudulent/etc content to be shared? On , "kk ombati" <kaykerubo(a)gmail.com> wrote: > hi francis > the main difference between the two is that the media council is > intended to regulate journalists and media professionals by setting > educational and ethical standards for journalist somewhat like ICPAK > and LSK. > whereas the BCAC are to be set up to regulate the content on news,radio > etc > On 1/24/11, Francis Hook francis.hook(a)gmail.com> wrote: > > Thanks Grace > > > > First - what is the difference between this -----> > > http://www.mediacouncil.or.ke/ and the body proposed below? > > > > - I have seen an old story ( > > > http://www.businessdailyafrica.com/Company%20Industry/-/539550/853208/-/vie…) > > that mentions the creation of the Broadcast Advisory Council (according > to > > that link it was to be in place about one year ago). I have also seen > > mention of "Broadcasting Content Advisory Council" - > > http://www.cck.go.ke/news/2010/news_09june2010.html - and from there I'd > > like to quote: > > > > "...Information and Communications Minister Hon. Samuel Poghisio urged > the > > Council to move with speed to rid the airwaves of inappropriate > > programming." > > > > Please bear with me if this seems off topic- but in a sense perhaps this > > offers pause for thought on whether a media council will indeed make any > > difference if a broadcast content advisory council is YET to show any > > difference on matters that IMHO are no-brainers (like reading a recipe - > > eg if the music video is intended for adult audiences, DO NOT PLAY IT - > > simple - not rocket science) . > > > > The BCAC was inaugurated in June 2010 - its been six months now and > > according to the quote above we really should have seen some difference. > > > > Could someone please provide me with contact details for the BCAC? > > > > > > On 24 January 2011 13:58, Grace Githaiga ggithaiga(a)hotmail.com> wrote: > > > >> Dear All > >> > >> > >> > >> Thanks Walubengo, Khisa, Cook and Toby for your insights. And just a > quick > >> response to each of you: > >> > >> > >> > >> Walu, Yes there is a media policy in place that was passed just before > >> the > >> KCA Act of 2008. Unfortunately I do not have a copy and I have checked > at > >> the Ministry of Information website. It is also not available. But the > MCK > >> Bill has a basis on the media policy in matters of regulation. So, we > are > >> on > >> the right track. There is a media council in place. I will not judge > its > >> success but I do know it has continued to receive complaints from the > >> public. It also has conducted several trainings aimed at > professionalizing > >> the media. > >> > >> > >> > >> Khisa, the MCK is one form of control mechanism. There is also the > >> broadcast Advisory Council (under CCK) where ordinary people can lodge > in > >> their complaints/concerns on news and programmes. > >> > >> > >> > >> Hook, I apologize on that repetition. It should actually > read… "interests > >> of all sections of society". Please find attached a soft copy of the > MCK > >> Bill 2010 for ease of reference. You can also access it on > >> http://www.information.go.ke. On your suggestions to re-phrase it to > >> capture common morals and ethics, this number 2 is in Article 34 (5) of > >> the > >> constitution. At this point, we can only make suggestions on the MCK > Bill > >> and not on the constitution. But lets see if there are possibilities of > >> capturing your concerns in the subsequent dicussions. > >> > >> In regard to content on some of the FM Stations, there is a > Broadcasting > >> Advisory Council to take care of this. And this is in addition to MCK > >> which > >> deals with complaints regarding media conduct. We will be discussing > the > >> composition of the Council on day 4 (Thursday this week). I can already > >> tell > >> you that religious leaders are not proposed. However, it would be > >> important > >> for you to make contributions on which other professions should > comprise > >> Council Members. > >> > >> > >> > >> Toby, I agree with your sentiments. However my understanding is that a > >> constitution is only meant to provide guidelines. The specifics can be > >> spelt > >> out in the Act. And yes some concerns you have raised about > registration > >> of > >> journalists will be dealt with later in the week. We hope to see your > >> reflection(s) on this. > >> > >> > >> > >> Thanks a lot people. Please lets hear more from the rest of the > listers. > >> > >> > >> > >> And just a reminder of today's discussion: > >> > >> > >> > >> > >> > >> The purpose of the Media Council Bill: > >> > >> > >> > >> *An Act of Parliament to provide for the realization of the right to > >> freedom of expression and freedom of media; for the establishment of > the > >> Media Council of Kenya; for the conduct and discipline of journalists > and > >> the media, and for connected purposes.* > >> > >> > >> > >> Article 33 of the Constitution provides for Freedom of Expression, > while > >> Article 34 provides for the freedom of Media. Further in Article 34, > sub > >> article 5, it states...Parliament shall enact legislation that provides > >> for > >> the establishment of a body which shall: > >> > >> > >> > >> a) be independent of control by government, political interests or > >> commercial interests; > >> > >> b) reflect the interests of all sections of society; and > >> > >> c) set media standards and regulate and monitor compliance with those > >> standards. > >> > >> > >> > >> We welcome responses/reflections to the following: > >> > >> > >> > >> 1. Is the purpose (as stated above) satisfactory, or should it be > >> enhanced to reflect the provisions in the constitution? > >> > >> 2. Is this proposed Media Council best placed to perform and fulfill > >> this purpose? > >> > >> 3. Will the proposed Media Council enhance professionalism and growth > >> of media in Kenya? > >> > >> > >> > >> > >> _______________________________________________ > >> kictanet mailing list > >> kictanet(a)lists.kictanet.or.ke > >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet > >> > >> This message was sent to: francis.hook(a)gmail.com > >> Unsubscribe or change your options at > >> > http://lists.kictanet.or.ke/mailman/options/kictanet/francis.hook%40gmail.c… > >> > >> > > > > > > -- > > Francis Hook > > +254 733 504561 > >

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Forex market disrupted by technology?
by Paul Kukubo ICT Board 24 Jan '11

24 Jan '11

Listers This is worth observing from the perspective of what technology can do. TransferWise launches its online currency exchange today, which hopes to give the banks a run for their money, along with disrupting the consumer-end of the money exchange market as a whole. The headline proposition is that the platform gives anyone access to the same mid-market exchange rates that banks get on their interbank market, with TransferWise charging a flat fee of £1 for each transaction regardless of the amount being exchanged. That’s potentially a big deal. But what’s equally notable is the company’s founders, which includes Skype employee number one Taavet Hinrikus. He spent 7 years at the VoIP company, most recently as Director of Strategy, as well as being an Angel investor in a number of other prominent and upcoming startups including TweetDeck, Mendeley, wikimart.ru, and blip.tv. TransferWise’s other founder is Kristo Käärmann who has a direct financial services background with Deloitte and PricewaterhouseCoopers. Naturally, Hinrikus says he wants TransferWise to “do to currency exchange what Skype did to telecommunications.” It’s a nice line but in this case there appears to be meat on the bone. Traditionally, consumers pay between 3-6% for foreign currency payments at through their bank. In other markets that have moved online, cutting out the middle person (for the most part) has “brought down costs almost everywhere you look”, notes Hinrikus. To that end, TransferWise, which is licensed by the UK Financial Services Authority (registered as Exchange Solutions Ltd.), facilitates money transfers at “global mid-market rates” as reported by Bloomberg, XE and others. At launch, the company enables exchanges between the British Pound and Euro, with more currencies to follow. TransferWise’s direct and indirect competitors include Moneybookers and PayPal at the low-end, or for larger amounts currency brokers like HiFX, as well as other upstarts such as CurrencyFair, and the banks of course. The company remains self-funded by Hinrikus and Käärmann. get widgetminimize TransferWise Website: transferwise.com Founded: March, 2010 TransferWise is an online currency exchange service that allows people to exchange currency using mid-market rates for a flat fee. Learn More Information provided by CrunchBase get widgetminimize Taavet Hinrikus Companies: TransferWise Information provided by CrunchBase Sent from my iPad

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invitation
by David Makali 24 Jan '11

24 Jan '11

dear listers, i hope am not abusing this list. i thought i should interest members in a small side 'event'. there is an interesting round table discussion taking place tomorrow, tuesday, Jan 25, at the alliance francaise auditorium from noon to 2pm. it is the fourth in the monthly series organised by the kenya editors' guild, school of journalism, media institute and media focus on africa foundation. the subject of this month's roundtable is "the media and the icc process". the panelists are martha karua, isaac ruto, kwendo opanga and betty murungi. it starts with snacks in the balcony at 12 then moves inside. the monthly series began last october and is all about interrogating the role of the media in our society and how it is handling some of the vexed issues of the day. karibuni if you have time. the next time we might look at whether the media are helping the country achieve an information society and if they are propagating the usage of ict on that score. poleni for interrupting the important discussions. and now as you were saying.... david _______________ "If my doctor told me I had only six minutes to live, I wouldn't brood. I'd type a little faster." — Isaac Asimo, Columbian Author and Scientist _______________ PO Box 3234 00200 Nairobi, Kenya cell: +254 722 517 540

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