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Re: [kictanet] Helping Haiti move on...
by Wainaina Mungai 25 Jan '10

25 Jan '10

Thanks Janet & Harry, I was actually hoping "Washahidi" have something in place....atleast for any future cases... On 1/25/10, Janet Feldman <kaippg(a)earthlink.net> wrote: > Dear Wainaina and All, > > Hello and great to "see" you here, albeit with the sad question you ask. But > it is such an important one!! I have wondered myself what is being done > about this, and I can post to a Haiti-related forum I am in for some > answers. > > I do think that the American and/or Intern. Red Cross has a database, and I > have come across mention of a few others. Perhaps Ushahidi also has a > feature for these searches? That would be something to investigate. > > In such a terrible situation, with disease looming by the minute, it is hard > to keep records. But somehow the government of Haiti has estimated that > 150,000 so far have been buried. Not sure how they can figure that (are > workers digging and burying people in mass graves keeping count of the > bodies, as best they can?). > > It might be worthwhile to talk with someone like the Ushahidi folks, to see > if--at least for the future, though few disasters will equal this scale of > death and destruction--there could be something developed, such as you have > asked about. > > Thanks so much for your caring and kindness, and I will pass your query > along and hope we will get some feedback. > > With very best wishes and appreciation, Janet > > > -----Original Message----- >>From: Wainaina Mungai <wainaina(a)madeinkenya.org> >>Sent: Jan 23, 2010 7:29 AM >>To: kaippg(a)earthlink.net >>Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> >>Subject: [kictanet] Helping Haiti move on... >> >>CNN has highlighted the fact that Haitians are being buried in mass >>graves without any records being made? The asian Tsumani victims had >>photos taken and matched to their 'mass grave' so the relatives will >>get some sort of closure. >> >>Is there an existing ICT initiative that is helping to keep records of >>the dead and match them to their 'mass grave'? ...or an effort to help >>relatives not look for someone forever? I'd be happy to bring together >>volunteers to assist with such. >> >>Wainaina >> >>-- >>Sent from my mobile device >> >>--- >>http://www.bungesms.com >>http://www.madeinkenya.org >>http://www.wainainamungai.com >> >>_______________________________________________ >>kictanet mailing list >>kictanet(a)lists.kictanet.or.ke >>http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >>This message was sent to: kaippg(a)earthlink.net >>Unsubscribe or change your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/kaippg%40earthlink.net > > -- Sent from my mobile device --- http://www.bungesms.com http://www.madeinkenya.org http://www.wainainamungai.com

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Helping Haiti move on...
by Wainaina Mungai 23 Jan '10

23 Jan '10

CNN has highlighted the fact that Haitians are being buried in mass graves without any records being made? The asian Tsumani victims had photos taken and matched to their 'mass grave' so the relatives will get some sort of closure. Is there an existing ICT initiative that is helping to keep records of the dead and match them to their 'mass grave'? ...or an effort to help relatives not look for someone forever? I'd be happy to bring together volunteers to assist with such. Wainaina -- Sent from my mobile device --- http://www.bungesms.com http://www.madeinkenya.org http://www.wainainamungai.com

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ICANN Remains Committed to Nairobi and Africa
by alice 23 Jan '10

23 Jan '10

http://blog.icann.org/2010/01/icann-remains-committed-to-nairobi-and-africa/ ICANN Remains Committed to Nairobi and Africa by Rod Beckstrom on January 22, 2010 We have listened to the community. Many are looking forward to Nairobi, some expressed concerns, particularly in light of the events in downtown Nairobi on January 15. Accordingly, ICANN staff and board have reexamined the security situation During our re-examination we first explored moving the event out of the downtown Nairobi area to a suburb, but determined that no suitable venue was available. Second, we reached out to the Kenyan government as well as other nations with operations in Kenya for their risk assessments of the situation. The consistent feedback was that the overall risk assessment of Nairobi had not changed. Accordingly, based on the ICANN CEO’s recommendation, the ICANN Board has approved moving ahead with the ICANN Nairobi meeting. At the same time, we recognize that many developing country cities have higher ambient levels of street crime and much of the world (the U.S. And Europe included) faces international terrorist threats and attacks. Both are simply facts of life. Also, as with all ICANN events, we will continue to monitor the security situation in case there are any material future changes. For any ICANN community members who do not travel to the event, remote participation will be available for many of the meetings. Given that ICANN is committed to “One world. One Internet. Everyone connected.” we have engaged and will continue to engage with the whole world. We greatly appreciate the assistance of Kenya, the host country, and their commitment to address ICANN security concerns. In addition, the ICANN board has approved further security investments by the CEO as necessary for the event, and the CEO will become personally involved in reviewing the security plans. I love Kenya. I have been to Nairobi six times and greatly look forward to participating in this important ICANN International meeting. Rod Beckstrom CEO and President ICANN 22 January 2010

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Re: [kictanet] ICANN Remains Committed to Nairobi and Africa
by Kiragu＠kenic.or.ke 23 Jan '10

23 Jan '10

> Wonderful stuff! Talk about a vote of confidence! > > Brian > > On Sat, Jan 23, 2010 at 12:14 AM, alice <alice(a)apc.org> wrote: > >> >> http://blog.icann.org/2010/01/icann-remains-committed-to-nairobi-and-africa/ >> >> >> ICANN Remains Committed to Nairobi and Africa >> >> by Rod Beckstrom on January 22, 2010 >> >> We have listened to the community. Many are looking forward to Nairobi, >> some expressed concerns, particularly in light of the events in downtown >> Nairobi on January 15. Accordingly, ICANN staff and board have >> reexamined >> the security situation >> >> During our re-examination we first explored moving the event out of the >> downtown Nairobi area to a suburb, but determined that no suitable venue >> was >> available. >> >> Second, we reached out to the Kenyan government as well as other nations >> with operations in Kenya for their risk assessments of the situation. >> The >> consistent feedback was that the overall risk assessment of Nairobi had >> not >> changed. Accordingly, based on the ICANN CEO’s recommendation, the ICANN >> Board has approved moving ahead with the ICANN Nairobi meeting. >> >> At the same time, we recognize that many developing country cities have >> higher ambient levels of street crime and much of the world (the U.S. >> And >> Europe included) faces international terrorist threats and attacks. Both >> are >> simply facts of life. Also, as with all ICANN events, we will continue >> to >> monitor the security situation in case there are any material future >> changes. For any ICANN community members who do not travel to the event, >> remote participation will be available for many of the meetings. >> >> Given that ICANN is committed to “One world. One Internet. Everyone >> connected.” we have engaged and will continue to engage with the whole >> world. >> >> We greatly appreciate the assistance of Kenya, the host country, and >> their >> commitment to address ICANN security concerns. In addition, the ICANN >> board >> has approved further security investments by the CEO as necessary for >> the >> event, and the CEO will become personally involved in reviewing the >> security >> plans. >> >> I love Kenya. I have been to Nairobi six times and greatly look forward >> to >> participating in this important ICANN International meeting. >> >> Rod Beckstrom >> CEO and President >> ICANN >> 22 January 2010 >> >> >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet(a)lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: blongwe(a)gmail.com >> Unsubscribe or change your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/blongwe%40gmail.com >> > > > > -- > Brian Munyao Longwe > e-mail: blongwe(a)gmail.com > cell: + 254 722 518 744 > blog : http://zinjlog.blogspot.com > meta-blog: http://mashilingi.blogspot.com > > -- > This message has been scanned for viruses and > dangerous content by KeNIC MailScanner, and is > believed to be clean. > > Kenya Network Information Center (KENIC) > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: kiragu(a)kenic.or.ke > Unsubscribe or change your options at > http://lists.kictanet.or.ke/mailman/options/kictanet/kiragu%40kenic.or.ke > at last we can now go ahead with 37th ICANN meeting preparations. Rod and the entire ICANN board has made the right move. Kenyans we have an opportunity to show the entire world we are the ICT Hub of Africa. -- This message has been scanned for viruses and dangerous content by KeNIC MailScanner, and is believed to be clean. Kenya Network Information Center (KENIC)

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"Hope for Haiti Now" Mega-Concert JAN 22 (TONIGHT!): Plz Tune In or Link Up!!
by Janet Feldman 23 Jan '10

23 Jan '10

Dear All, Perhaps the biggest relief event related to Haiti is this weekend. It will feature 40 artists--including Alicia Keys, Bono, Sting, and Justin Timberlake--and is a benefit for a number of charities. You can read more below: http://houseofglitz.blogspot.com/2010/01/alicia-keys-timberlake-bono-wyclef… http://www.collider.com/2010/01/20/hope-for-haiti-now-haiti-benefit-concert… In the aftermath of the catastrophic earthquake Haiti has almost nothing left. Its meager infrastructure was toppled by the earthquake and has made administering aid in the form of medical attention and food and water rations a herculean task. In an effort to stabilize the country, everyone from Wyclef Jean to former Presidents Clinton and Bush have been asking for donations. In response, George Clooney has organized the entertainment industry and will present a two-hour benefit concert called Hope for Haiti Now. There will be shows in Los Angeles, New York and London and featured performers include Alicia Keys, Bruce Springsteen, Stevie Wonder, Taylor Swift, Coldplay, Rihanna, Jay-Z, U2, Justin Timberlake and many more. Other celebrities will be manning a phone bank during that time to take donations. The performances will be available for purchase on iTunes the following day with all the proceeds going to relief efforts. All the money that is raised will be doled out evenly among the following services: Oxfam America, Partners in Health, the Red Cross, UNICEF, and Yele Haiti Foundation. In a testament to how urgently aid is needed to help avert further tragedy in Haiti the concert will air on roughly 30 networks, ranging from standbys like ABC, CBS and NBC to niche cable stations like CMT. NEW YORK, NY; LOS ANGELES, CA; and LONDON, ENGLAND (JANUARY 19, 2010) - "Hope for Haiti Now: A Global Benefit for Earthquake Relief," today announced its lineup of superstar musical performances. The global telethon will feature performances by Wyclef Jean, Bruce Springsteen, Jennifer Hudson, Mary J. Blige, Shakira, and Sting in New York City; Alicia Keys, Christina Aguilera, Dave Matthews, John Legend, Justin Timberlake, Stevie Wonder, Taylor Swift and a group performance by Keith Urban, Kid Rock, and Sheryl Crow in Los Angeles; and Coldplay, and a group performance by Bono, The Edge, Jay-Z, and Rihanna in a newly added London location. All musical performances will be available for purchase for $.99 per song through the Apple® iTunes® Store beginning Saturday, January 23, with all proceeds benefiting Haiti relief funds managed by "Hope for Haiti Now" charities. In addition to musical performances, Wyclef Jean in New York City, George Clooney in Los Angeles, and CNN's Anderson Cooper reporting from Haiti, "Hope for Haiti Now" will feature more than one hundred of the biggest names in film, television, and music supporting the cause with testimonials and by answering phones during the telethon. The Clinton Bush Haiti Fund and United Nations World Food Programme have joined the list of relief organizations that will benefit from "Hope for Haiti Now," which also includes Oxfam America, Partners in Health, the Red Cross, UNICEF, and Yele Haiti Foundation. Proceeds from "Hope for Haiti Now" will be split evenly among each organization's individual funds for Haiti earthquake relief. "Hope for Haiti Now" will be the most widely distributed telethon in history, both internationally and across media platforms. The two-hour telethon will air on ABC, CBS, NBC, FOX, CNN, BET, The CW, HBO, MTV, VH1, and CMT on Friday, January 22, 2010 at 8:00 p.m. ET/PT and 7:00 p.m. CT. "Hope for Haiti Now" will also air on newly added networks including PBS, TNT, Showtime, COMEDY CENTRAL, Bravo, E! Entertainment, National Geographic Channel, Oxygen, G4, CENTRIC, Current TV, Fuse, MLB Network, EPIX, Palladia, SoapNet, Style, Discovery Health, Planet Green, and Canadian networks including CBC Television, CTV, Global Television, and MuchMusic. The event will be live streamed online globally across sites including YouTube, Hulu, MySpace, Fancast, AOL, MSN.com, Yahoo, Bing.com, BET.com, CNN.com, MTV.com, VH1.com, and Rhapsody and on mobile via Alltel, AT&T, Sprint, Verizon, and FloTV. "Hope for Haiti Now" will also air internationally on BET International, CNN International, National Geographic, and MTV Networks International, which is available in 640 million homes worldwide. "Hope for Haiti Now" will be the first U.S.-based telethon airing on MTV in China. Facebook and Twitter have signed on as official social media partners to help drive donations and tune-in to the telethon. Based on production needs and venue sizes, all "Hope for Haiti Now" studio locations will be closed to the media. Photos, pool video footage and talent interviews from "Hope for Haiti Now" will be serviced to news outlets immediately following the event. "Hope for Haiti Now" is produced by Joel Gallen and Tenth Planet Productions, in collaboration with Viacom's MTV Networks and George Clooney.

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ICANN meeting and security concerns
by alice＠apc.org 22 Jan '10

22 Jan '10

Home About Contact ICANN meeting and security concerns 20 01 2010 By rebecca wanjiku Comments: 0 Available in: English In March 2008, Nairobi was supposed to host Internet Corporation for Assigned Names and Numbers (ICANN) meeting. This is a huge meeting, ICANN uses about $ 2 million for these meetings, am sure you know what it means for the economy. But the events that followed the 2007 elections meant that the meeting was cancelled, it was such a shame but that was understandable; after all, you do not want the people who control internet resources to fall into the traps of rival tribal gangs or to be caught in the cross fire. After another round of presentations last year, the Kenya delegation led by Kenic and the Communications Commission of Kenya was able to convince the ICANN community that Kenya is safe enough, and they agreed to host the meeting this March. We have been busy sweeping the roads and upgrading the hotels just to make sure that the most important ICANN community is happy, but they have never been, and I do not think they will ever be, if you ask me. I have been talking to sources within the organizing committee and ICANN has always had one niggling problem after another. Last Friday's fracas with the muslims seems to have tipped the balance; ICANN now is contemplating moving the meeting to another safer city. But if you ask me or any other ordinary Kenyan, I think ICANN does not understand the country and how it operates. Since 1998, Kenya has never been secure, according to US and UK embassies, yet its their installations that make us targets. For whatever reasons, the country has always been rated poorly security wise, but which city is safe? New York? J' Burg? Cairo? Cassablanca? Am sure this is open to debate. I think ICANN has its double standards; if they were truly concerned about the security, the meeting in Seoul would not have taken place; South Korea is always under alert because of North Korea nuclear intentions. The meeting in Mexico city would not have gone on, after all every one there is said to carry a gun and the senior executives within ICANN membership were at risk of kidnappings. But the meetings took place. So, why all the security farce about Nairobi? I would love to point out a similar incident during the 2005 or around there Cricket world cup, where New Zealand forfeited their match with Kenya in Nairobi because of security situation. Sri Lanka agreed to play their match in Nairobi provided they were given top notch security, the government obliged. By the time the plane carrying the Sri Lanka cricket team entered the Kenyan air space, they were escorted by helicopter gunships and all the other stuff you see in the movies. But Sri Lanka soon realized that no one was bothered with them; we whipped them and by the time they were going back to the airport, they took taxis and realized that no one cares. In short, ICANN should know that they will come, they will hold their meeting, they will go away, and no one will probably remember they were here. How many people know about ICANN and what it does? How many people know that the people present are online millionaires? ICANN has made demands that the meeting be moved to the UNEP Complex in Gigiri, and that the government should pay for all the charges bla bla... I think this is a move to alienate themselves from the ordinary kenyans. Getting to Gigiri is hectic let alone getting through the mean UN security staff. Trust me, I have had my share of security incidences in Nairobi, but I do not think its worth canceling a meeting. From my sources, I am told the government is paying for the gala dinner and all that, in other countries, ICANN has paid for that. So I think this is just a way for ICANN to make their demands and demonstrate their authority. I am not saying that security measures should be ignored, but just know that poor security rating means more hardship allowance for the UN and embassy staff, so its in their interest to show Kenya on fire all the time. One thing you should know that Kenya is a highly political company, all year round, stupid politics and we the media love it and exalt it, so deal with that. When you come and when you go, we will remain the same, and it does not mean ICANN will change anything, so get over it. By the way, most people who will come will be holed up in lavish 5-star hotels where the thugs will not reach. The insecurity problem is for people like us who will have to walk home and deal with the neighborhood thugs. The upshot of it is that ICANN should come, hold their meeting, give us the revenue, visit Maasai Mara and all the other areas, and go home. I am sure there will be enough cops guarding everywhere. So, insecure or not, I think the meeting should go on. If you guys are not convinced, then you can move the meeting to wherever you want! Ends by rebecca Sent from my BlackBerry® smartphone from Zain Kenya

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Re: [kictanet] New Regulations & the Media: Broadcasting Regulations
by Jotham Kilimo Mwale 22 Jan '10

22 Jan '10

I think the media wants the public to believe that the government is issuing regulations unilaterally. However, as Dr Ndemo pointed out, the media have previously snubbed meetings to discuss the regulations before they become law. Makali confirmed this by the following statement: it has also been pointed out that there is an element of bad faith in the manner the ministry always proceeds, despite protestation. our meetings, submissions and petitions never seem to curry favour with the ministry, hence a sense of deja vu. the apparent reluctance of the media to engage sometimes with the ministry is borne out of the sense, rightly or not, that you have taken this as a personal cause/agenda to prosecute, and the public is only improvised as a pawn in the drive to hem and castrate the media. In an opinion piece in today's Nation (http://www.nation.co.ke/oped/Opinion/-/440808/846842/-/5qd4jt/-/index.html) a media consultant points out that the Kenya Communications (Amendment) Act which empowers the Minister for Information and Communication to make regulations does not require him to seek the approval of the industry; he only needs to consult CCK. If this is true, it shows the government went out of its way, I believe in good faith, to seek the views of the media industry but the media, for the reasons stated by Makali above, refused the offer. They cannot, should not, cry foul now. I would advice the media to repent their bad faith in government and adhere to the regulations, especially those concerning content by keeping 'adult content' off family times, if not off altogether. This will win back some public sympathy and probably get enough support to deal with the legitimate concerns they have with other sections of the regulations and the government. Jotham K. Mwale --- On Wed, 1/20/10, Rad! <conradakunga(a)gmail.com> wrote: From: Rad! <conradakunga(a)gmail.com> Subject: Re: [kictanet] New Regulations & the Media: Broadcasting Regulations To: jokilimo(a)yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> Date: Wednesday, January 20, 2010, 2:20 AM I think the point Makali is trying to make is that while indeed, there needs to be some regulation, a unilateral approach to it by government is a slippery slope to bigger problems down the road. One needs to be reminded 'government' not only has its own interests, government is in fact made up with people who as human beings also have interests. Let us take for example Honourable Mwakwere who on record confessed to owning a pair of matatus. How then can he be seen to be making fair and unbiased decisions in the transport ministry to do with the matatus? Remember justice needs to not just be done, it needs to be seen to be done. Let us take another example the occasional bungling in various ministries (ferries, school funds, AIDS funds,land allocations etc). Let's be candid -- It is in the government's best interests that such things do not come to light. The media too has its own vested interests, and can, and indeed has been partisan on numerous occasions. So it is pretty clear that the media's ability to police itself meets with the same skepticism as the police force's ability to police itself and that of the government to police the media. Perhaps there is a middle ground to be explored. Who exactly constitutes the Media council? On Wed, Jan 20, 2010 at 12:30 PM, Walubengo J <jwalu(a)yahoo.com> wrote: Makali, I too have read thro your "thesis" and its not easy read but quite engaging. And just borrowing a journalistic cliche - "every story has two sides". From the government side we have heard the need to get rid of adult-content from our air-waves during Daytime/early evening and on that note I can tell you (without any scientific survey ;-) that the Public is fully in agreement. Indeed during my Dec holiday I did get subjected to an overload of such content during "family-hours" and it is high time it was stopped because obviously the media has failed to). But on the other hand, from your technical analysis you seem to claim that Government is hiding behind this high-sounding ideal to control(micro-manage) the rest of the Media content and basically take back the gains of Free-press that is the hallmark of a free and democratic society (read- getting Kenya back to the KANU days of the 1990s...) I do know the regulations are already gazetted and therefore enforceable (by law) but I do wish we could get still get an "anti-thesis" from Government on this (without breaking the Secrecy act?). Better still, maybe Prof Waema may organize another Town Hall meeting (i do like that ;-) - this time with our Converged Regulator CCK doing the "anti-thesis presentation".... walu. -----Inline Attachment Follows----- _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: jokilimo(a)yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jokilimo%40yahoo.com

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Availing Public Data To The Public: Helping Ourselves
by Rad! 21 Jan '10

21 Jan '10

Dear fellow list members and in particular Dr Ndemo, Please have a look at this initiative by the British government http://data.gov.uk/home, similar to the american one http://www.data.gov/ >From the home page *Advised by Sir Tim Berners-Lee and Professor Nigel Shadbolt and others, > government are opening up data for reuse. This site seeks to give a way into > the wealth of government data and is under constant development. We want to > work with you to make it better.* > *We’re very aware that there are more people like you outside of > government who have the skills and abilities to make wonderful things out of > public data. These are our first steps in building a collaborative > relationship with you.* I cannot think of a better way for the government to demonstrate transparency, confidence in local talent, public private partnership and harnessing local resources to realize economic growth, effective planning and realization of vision 2030. As the largest data collector, Government has a lot of information that it does not (or will not) do anything with. Why not avail it to bright, enterprising talent to make use of it. Analyze, cross reference and find relationships with. There is even a correspondng campaign where the British Government solicits ideas from the public http://showusabetterway.com/. Here is a link of some of the initiatives the public came up with http://www.showusabetterway.co.uk/call/2009/02/new-year-progress-update.html This to me is an idea whose time has come. It boggles the mind what analysis can be done by given raw data like population, gender, education, crime, geography, minerals, finance etc. If the ingenuity of 4 kenyans is helping Haiti deal with its earthquakes ( http://www.haiti.ushahidi.com) what can the ingenuity of the entire private sector do?

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ICANN is important but so are we, read on..
by Rebecca Wanjiku 21 Jan '10

21 Jan '10

Read follow-up post www.wanjiku.co.ke Tel. 254 720 318 925 blog:http://beckyit.blogspot.com/

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Re: [kictanet] New Regulations & the Media: Broadcasting Regulations
by David Makali 20 Jan '10

20 Jan '10

Daktari; i thank you for your response. i beg to reply. while no sane person can object to the need for the regulations, there are some fundamental principles of media independence which the published regulations offend - especially with regard to adjudication of disputes or determination of right and wrong. our insistence, which we have to admit has failed to persuade you, is on an independent arbitration mechanism so that the media is not subject to a potentially repressive regulatory regime. it has also been pointed out that there is an element of bad faith in the manner the ministry always proceeds, despite protestation. our meetings, submissions and petitions never seem to curry favour with the ministry, hence a sense of deja vu. the apparent reluctance of the media to engage sometimes with the ministry is borne out of the sense, rightly or not, that you have taken this as a personal cause/agenda to prosecute, and the public is only improvised as a pawn in the drive to hem and castrate the media. it took that meeting we had at the pm's office and the ag for example, to moderate your hard stance on some of the problematic clauses in the communications act. in your recent interviews (eg the one you had with louis on K24 and the statements in the current issue of Kenya Today), you whipped out the bogey of pornographic/adult content and stated straight-faced what the public has "decide" it does not want. well, i cannot contest your facts because i have none, but it left me wondering when the survey was conducted and by whom, and the percentages it generated against this and that? i suspect you are right; i too am loathe to any adult content aired or discussions of some topics during neutral radio space like morning or early evening hours. but the point is that no one is opposed to that aspect of regulation and you know you are whipping it out basically to box the media and coax the public to endorse other extreme measures within the body of the regulations published. fact is that no one in the media is opposing the watershed period for adult content or the provisions against "glorification" of violence, incitement, hate speech, or offensive vulgar speech and many other great provisions in those regulations. the frustration in the media with the ministry is historical. it is the result of the many meetings that took place on the path to the passage of the kcomm act, 2009, and the protracted engagements thereafter which yielded the deletion of sect 88, which you and minister poghisio had defended to the hilt, quite surprisingly. this is our country and all of us want laws that are in the interest of everyone, the public, and not who may happen to be in authority. i disagree that the media has declined to attend any meeting. you know that you/the ministry have selectively been inviting and engaging the media owners association, whose interest is predominantly in the frequencies they control and the investments thereof. you have deliberately avoided engaging the editors and media practitioners, who are opposed to govt control, NOT regulation. that's cheeky, sir. i am not going to defend anyone who has hoarded frequencies, and from our discussions and other comments i have made, i believe it is against public policy for anyone to be allowed even one more day with frequencies they obtained through influence peddling or political patronage. they are not any different from the mau forest mbuta; no compensation or sympathy is due to them. why are we applying different standards - people who grabbed road reserves are having their structures demolished and the mau squatters evicted, but bigger land grabbers are to be compensated and the frequency hoarders given a grace period of five years to surrender? everyone should be evicted in the same style whether patched in the sky or squatting on some land. dr Ndemo's assertion that when the thuggish MP attacked journalists they turned not to the media council but to the govt is twisted logic. the mp committed a criminal offence (assault) not a professional (ethical) or civil misdemeanor which the media council is charged with arbitrating. and that is why the media is opposed to professional omissions or commissions being arbitrated by the CCK, whose tribunal is not imbued with specific professional competence or such juridical disposition. ok, let me briefly turn to some contentious issues with the new regulations: 1. overstepping mandate although the Kenya Information and Communication Act, 2009 [sect 46(s)1], clearly states that content regulation is the function of the Broadcasting Content Advisory Council, the ministry has already gone ahead to gazette regulations covering exactly that. why can't the ministry just appoint the council and wait for it to draw up these content regulations as is its duty call? I find this overbearing on the part of the ministry and a betrayal of its suspect eagerness to intervene. it is a moot question why the ministry is so apprehensive of the capability of the council to do so when media representation on it is dismal or non-existent, it being dominated by the government, including you, as PS? reading through the regulations there is nowhere the content advisory board is mentioned in terms of the regulation functions. everything reads "the commission shall..." including the drawing up of the Programme Code. is it to be presumed that the commission stands for the content council in the regulations? i suspect not. 2. excessive regulation PART II: LICENSING (6) stipulates that anyone licenced to broadcast shall set up infrastructure and commence within 12 months or the licence shall be revoked. THIS PERIOD NEEDS TO BE LEFT TO THE CCK TO DECIDE depending on circumstances. there is no need for the ministry to tie the hands of the regulator. 6(b) the commission shall ensure that broadcasting services are delivered using the most efficient and effective available technologies. HOW SHALL IT DO SO WITHOUT INTERFERING WITH THE LICENCEES UNDULY? ISNT THIS THE PREROGATIVE OF THE INVESTOR (TO REMAIN RELEVANT) or CCK? 4. legitimising and maintaining an unfair status quo there is quite a bit that is wrong with the current broadcasting regime that the regulations make a feeble attempt at redressing. many frequencies have changed hands and the current skewed landscape disadvantages new entrants.and some provisions are coming after the horse has bolted, for example: PART III: BROADCASTING SERVICES (2) "the public broadcaster shall not lease or transfer the broadcast frequencies of channels assigned to it for use in public broadcasting". WHAT OF THOSE THAT HAVE ALREADY BEEN ASSIGNED UNPROCEDURALLY, AS WE ALL KNOW? SHALL THEY BE REVOKED OR REGULARISED? (5) "the Commission shall allow community broadcasting licencess to advertise, on their station, adverts that are relevant and specific to that community with the broadcast area". EXACTLY WHY SHOULD THEY BE BARRED FROM AIRING ANY KIND OF ADVERTISEMENT? THIS IS TANTAMOUNT TO MICRO-MANAGING AND INTERFERING WITH THE OPERATIONS AND CONTENT OF THE COMMUNITY. BROADCASTERS. 5. politicising the media (25) During a polling period, a licencee shall: (a) "provide equitable coverage and opportunities to registered political parties participating in an election and in particular to presidential candidates" THIS IS UNDUE. MEDIA SHOULD BE FREE TO DECLARE THEIR SUPPORT TO ANY POLITICAL PARTY, OPINION OR IDEAS WITHOUT PREJUDICING THE OTHERS. THE MERE FACT THAT A PARTY IS REGISTERED OR A POLITICIAN HAS DECIDED TO RUN FOR PRESIDENCY SHOULD NOT AUTOMATICALLY ENTITLE HIM/HER TO ANY PARTICULAR AIRTIME/COVERAGE. POLITICS IS NOT A PUBLIC IMPERATIVE AND SHOULD INTERFERE AS LITTLE AS POSSIBLE WITH THE OPERATIONS OF COMMERCIAL/PRIVATE ENTERPRISE. POLITICAL TIME MUST BE DELINEATED FROM THE STATION'S GENERAL TIME AND LET EDITORIAL DISCRETION FLOURISH. 6. interfering with editorial decision making and content (26. 1) A licencee shall ensure that any person who is to be interviewed in any of the broadcasts is; a) advised or the subject of the interview, b) informed before the interview takes place, to determine whether the interview is to be recorded or broadcast live". WHY SHOULD THIS BE MADE LAW? ISNT THIS A PROCEDURAL AND PROFESSIONAL IMPERATIVE? WHAT IS THE MOTIVE BEHIND THIS CLAUSE? INDEED WHO ATTENDS AN INTERVIEW WITHOUT KNOWING WHAT IT IS ABOUT? WHO DETERMINES WHETHER IT SHOULD BE LIVE OR RECORDED, AND WHY DOES IT MATTER TO THE REGULATOR? WE SHOULD AVOID "CANNED" JOURNALISM (29.) "A licencee shall not broadcast any information acquired from a person without that person's consent, unless the information so acquired is essential to establish the credibility and authority of a source, or where the information is clearly in The public interest." THIS IS AMBIGUOUS. IT GAGS THE MEDIA AND INFRINGES ON THE ENTERPRISE OF INVESTIGATIVE JOURNALISM. (30.) a licencee - (a) shall not accept sponsorship of news broadcasts; HELL, WHY NOT? WHAT ABOUT ALL THE OTHERS - SPORTS, COMEDY, SOAPS? (31. 1) a licencee shall not broadcast an informercial - a) during prime-time, or... WHY? COMMERCIAL ENTERPRISES TOO NEED TO REACH AUDIENCES WITH THEIR SERVICES/MESSAGES.IT IS OK TO LIMIT THE CONTENT OF SUCH INFOMERCIALS IN LINE WITH THE "WATERSHED"PERIOD BUT TO BAN THEM IS NOT JUSTIFIABLE. 2.) a licencee shall ensure that all infomercials that are broadcast by its station are lawful, honest, decent and conform with the principles of fair competition. THIS IS UNTIDY. WILL BROADCASTERS HAVE TIME TO ESTABLISH ALL THE UNTRUTHS CONTAINED IN ALL ADVERTS? THAT RESPONSIBILITY LIES WITH THE AUTHOR/ADVERTISER, NOT THE CHANNEL THAT TRANSMITS. IT CANNOT BE TRANSFERRED. THE STATION NEEDS ONLY TO ADMINISTER THE JOURNALISM ETHICS TEST OF GOOD TASTE, NOT TAKE RESPONSIBILITY FOR THE TRUTH OR FALSITY OF INFOMERCIALS. (33. 1) a licencee shall ensure that it only broadcasts advertisements that are lawful, honest, decent and conform with the principles of fair competition. (33. 2) a licencee shall ensure that advertisements broadcast by its station do not - a) contain any descriptions, claims or other material which may, directly or by implication, mislead members of the public in relation to the product or service advertised, or about its suitability for the purposes recommended; or b) unfairly attack or discredit, directly or by implication, any other advertisers, products or advertisements. (33.3)a licensee thall, before broadcasting an advertisment, ensure that any descriptions of claims in the advertisement have been adequately substantiated by the aevertiser. WHILE THE MEDIA CAN ASSIST BY BEING JUDICIOUS (which they do), THIS REGULATION SHOULD BE DIRECTED AT THE ADVERTISING PRACTITIONERS ASSOCIATION (APA) AND THE MARKETING SOCIETY OF KENYA (MSK). WHEN IS THE MINISTRY PUBLISHING SUCH A BILL? WHAT IS THE YARDSTICK APPLICABLE HERE FOR WHAT IS DECENT, LAWFUL? BROADCASTERS ARE NOT COURTS, INVESTIGATORS OR INVOLVED IN TESTING THE CREDIBILITY OF CLAIMS IN COMMERCIAL ADVERTS. 7. loopholes for state interference in content PART V - PROGRAMME CODE THIS WHOLE SECTION COMPLETELY IGNORES THEE EXISTENCE OF THE BROADCAST CONTENT ADVISORY COUNCIL AND INVALIDATES THE AGREEMENT MEDIATED BY THE PM. THE REGULATIONS MANDATE THE COMMISSION TO PRESCRIBE THE PROGRAMME CODE AND COMPLIANCE. 8. others to avoid regurgitating the arguments i proffered last year when the regulations were first published, i am pasting herebelow the article published in ET as well as our website, eastafricapress.net, which Dr Ndemo does not seem to have had regard to, hence his challenge. it provides context. *** These regulations will not guarantee media pluralism By David Makali The Kenya government early September published the Kenya Communications (Broadcasting) Regulations to guide the application for licences, award and use of broadcasting frequencies. The rules are expected to give effect to the Kenya Communications Act, 2009, enacted in February amid much acrimony with the media. The regulations are bound to generate heat in as far as they propose radical changes in the largely discriminatory and partisan allocation of frequencies handed out in smoke-filled rooms devoid of transparent criteria. Beneficiaries of this crooked licencing regime are bound to resist any reform that will create a level field for new entrants and fair competition. It is not clear whether public interest is served by their continued enjoyment of those frequencies. Already, there is a suit in court challenging the attempt to perpetuate this injustice by automatically renewing the licences and frequencies of those who have, which is tantamount to legitimising the means by which they acquired them. Some companies are known to be hoarding hundreds of frequencies which they luxuriously pop on air and employ against their competitors. That has effectively stifled competition and turned off potential investors in a sector that is perhaps the fastest growing. That past regime must end, and how else to bring the shutter down except by declaring all frequencies held as interim, until justified on the basis of new criteria agreed by the public? It is in the public interest that media diversity replaces the current dangerous concentration propelled by political favouritism. To that extent, we salute the ministry/government for taking the first step, and introducing a transparent system of licencing. And yet not so. Some of the proposed requirements are suspect and an unnecessary encumbrance to potential investors. They are even skewed against the potential applicants who are, for example, required to demonstrate: [(Part II, 3 (b)] – evidence of technical capability in terms of personnel and equipment to carry out broadcasting services (Which one comes before the other – a licence or demonstration? How does an investor or applicant acquire technical equipment before they are licenced?) [Part II, 3 (c)] — evidence of relevant experience and expertise to carry out broadcasting services. (Again, is this a fair requirement for an investor? This presumes that investors in broadcasting business are technicians or professional journalists, which is not the case because it is not an investor’s job to run a station). [Part II, 3 d)] — evidence of the capability to offer broadcasting services for at least eight continuous hours. (What purpose is served by this condition and must a licencee broadcast for such length of time? Suppose an applicant wants to run a station that only targets school-going children between the time they return from school and when they go to bed?). The regulations also prohibit trade unions from being licenced yet other more partisan groups – such as some religious denominations, politicians or political parties – are not prohibited or already have frequencies. What is it about trade unions – including the Kenya Union of Journalists — that disqualifies them? Proceeding with the same regimental mode, broadcasters (3b) are required to “include news and information in their programming as well as discussions on matters of national importance as may be prescribed by the commission from time to time.” Now, pray, why should it concern the government whether a station is airing commentaries of news unless it wants to have a voice there? Isn’t that a matter best left to each broadcaster to find its competitive edge and niche? And must all the stations look alike by offering information and news? That’s boring. But there is some good news, for advocates of diversity and media pluralism, in the clause on ownership and control (6 I) which says that all licencees shall not be assigned more than “one broadcast frequency for radio or television broadcasting in the same coverage area.” Well, that would spell doom for companies like Nation Group (Easy FM, QFM), Radio Africa (Kiss, Classic, Radio Jambo, East FM, Xfm), and Royal Media Services (Citizen Radio and TV and 11 vernacular stations broadcasting in almost all parts of the country under one roof). There is continuing ambiguity about those holding licences and frequencies prior to the commencement of the regulations. In clause (a), they are required to apply for broadcast licence(s) as prescribed by the Commission and pay the requisite fees. But the same regulations again state that the licences will (c) “retain such radio frequency resources already assigned under the same terms and conditions of issuance, provided they comply with such new terms and conditions that may be imposed by the Commission”. There is no sign that the government is ready to undertake any radical changes in media ownership. By extending to five years the period during which those with multiple frequencies in one area are required to surrender them, the government has definitely chosen the partners to do business with. Furthermore, the government appears to have succumbed to the broadcasters regarding local content by merely providing that “a licencee may be required to commit a minimum amount of time to the broadcast of local content as may be prescribed in the licence, as may be prescribed from time to time by the commission in the gazette.” Stations that fail to comply will only be required to “pay such an amount of money as may be prescribed by the commission”. That sadly reduces the imperative of local programming to a monetary value when all along we thought the objective was to create jobs and support our culture, ideas and art. How that is exchangeable for money defeats logic. We can hear the artistes yawning. Yet, while it spares the local media the burden of investing in local productions it foists the rigid requirement on foreign broadcasting stations for whom minimum local content will be prescribed. The target is of course the usual suspects —BBC, RFI, VOA. Reading through the regulations, there is a discernible attempt by the government to avoid another fight with the media. But it invites the same unknowingly by duplicating the duties of the existing Media Council with regard to arbitrating content related complaints, an issue which was raised in the heated debate that preceded the legislation of the Communications Act earlier on last year. There is also bad news for owners who have acquired stations and frequencies issued to speculators. Now any change in the shareholding of any company licenced to broadcast will require the approval of the CCK. The commission will grant or refuse to allow such change of ownership upon considering several factors, among them the possible “impact of the transaction on competition in the sector and the promotion of pluralism and diversity in the sector. _______________ "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 --- On Mon, 1/18/10, bitange(a)jambo.co.ke <bitange(a)jambo.co.ke> wrote: > From: bitange(a)jambo.co.ke <bitange(a)jambo.co.ke> > Subject: Re: [kictanet] New Regulations & the Media: Broadcasting Regulations > To: "David Makali" <dmakali(a)yahoo.com> > Cc: bitange(a)jambo.co.ke, "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> > Date: Monday, January 18, 2010, 12:32 PM > David, > In my view dialogue is the only way forward. Simply > raise the issues you > object to then we find a solution to it. Even as you > (media) unilaterally > refused to participate in the stakeholder hearing, the > Government would > still want to accomodate your objections. I also > offered to resign if it > happens that the regulations are outside of what is > considered standard > practice worldwide. > > Media freedom is dear to me and would not want unnecessary > fights with > media. I have said before that individual liberties > have limitations > especially when it comes to where the individual like a > child has no > capacity to exercise those liberties. From Mills to > Chaufour you will > find state intervention necessary to protect those unable > to exercise > certain rights. > > When Hon. Mbogua attacked the Nation Journalists, Media did > not go to > Media council or any other body. They came to the > Government. The > Government therefore is supposed to guarantee protection to > those who > cannot protect themselves. > > > Regards > > > Ndemo. > > > > > > folks, > > quite a few things can be said about the new > broadcasting regulations but > > the tendency on this forum to pooh pooh the media, as > if it is the > > greatest sinner, is quite frankly discouraging. any > one who is cheering > > the govt for the new regulations is urged to employ > some > > skepticism.because sooner rather than later, they will > begin to absorb the > > implications. > > it is quite clear that regulations are needed, but the > devil is in the > > letter. the day you have the cck, which is yet to > demonstrate its > > independence from political dictation, determining > what is aired or not, > > and what constitutes a variety of views or > objectivity, then you will > > reaslise what the apprehension is all about. > > i hesitate to get into specs and refer you to our > (Kenya Editors Guild) > > (http://www.eastafricapress.net/) > position, as well as my comments on the > > regulations when they were first published > > (http://www.eastafricapress.net/index.php?option=com_content&view=article&id…) > > more later. > > makali > > > > _______________ > > > > "If my doctor told me I had only six minutes to live, > > I wouldn't brood. I'd type a little faster." > > â€” Isaac Asimo, Columbian Author and Scientist > > _______________ > > > > PO Box 3234 > > 00200 Nairobi, Kenya > > cell: +254 722 517 540 > > > >

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