Ok. I understand.
One question, Did the appellant challenge the legality/composition of CCK/CAK? I didn't get a chance to find that out.
Regards
From: Wainaina Mungai [mailto:wainaina.mungai@gmail.com] Sent: Monday, March 31, 2014 12:32 PM To: Bernard Kioko Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK Response
Bernard,
Feel free to comment...I have no censorship powers. Simply put, let us also discuss the important issue of the REGULATOR as it is the composition of the regulator that seemed to have brought a "twist"to the whole case. It is also where the solution seems to lie as I am privy to the fact that CCK/CAK officials do themselves prefer a law that "strengthens them".
On Mon, Mar 31, 2014 at 12:22 PM, Bernard Kioko <bkioko@bernsoft.com> wrote:
Wainana I feel like you are trying to sway us away from the real issue...what happened at the courts! Is there any specific reason u r attempting to close that particular debate and saying ppl here have little objectivity?
On 31 Mar 2014 09:23, "Wyne Bar" <wainaina.mungai@gmail.com> wrote:
I have kept off this debate because of vested interests by several
We can make a judgement on CCK/CAK using Section 34 below;.....and decide what sort of Regulator we really want, moving forward... (5) 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 the society; and **(c) set media standards and regulate compliance with those standards Wainaina On Monday, March 31, 2014, Bernard Kioko [Bernsoft Group] < bkioko@bernsoft.com> wrote: parties claiming to be making objective analyses. On this list, there's little, if any, objectivity in the matter of Signal Distribution licensing and #DigitalMigrationKE as a whole. I will therefore abstain from making direct comment on the ruling, STBs, Tenders, BSD licences or the Switch-Off date.
Instead, I propose we focus on the new regulator. Six years ago, we had a
somewhat related debate (copied below) about Media Owners versus Editorial Freedom.
The matter of what really constitutes 'media freedom' came up in 2012/13
as it did in 2008 around the election period. It came up again during debates on Media Laws as media owners presented their grievances. We forget to sort out media regulation in fair weather.
After the ruling by the Supreme Court enforcing Section 34 of the
Constitution, what we may want to ensure as "Consumers of media", is that the new regulator will be truly "independent" and yet "powerful"...cannot be influenced by Media Owners or Government etc and can make & enforce bold decisions.
If we get the composition, independence and (power) of the new regulator
wrong, nothing else we debate here about Signal Distribution, investor protection or consumer rights will be of any consequence in protecting consumers from rogue media or a rogue government.
On Broadcasting, the cliché "content is king" still holds and whether or
not BSD licence goes to local private media, the right to access/rebroadcast their FTA content must remain with the Broadcaster. That is also true for upcoming content producers who need protection of their content from other players along the value chain. As we debate the issues, let us remember there are many players in the Digital Broadcasting value chain.
As the ruling has proved, the REGULATOR is a critical player in the
industry. Let us all help to put together a regulator that will guarantee justice, innovation and all our ICT aspirations as a country.
**This is my personal position as a Kenyan consumer of media...and my
views do not represent any media house; or group of Broadcasters**
Have a regulated day,
Wainaina
---------- Forwarded message ---------- From: Wainaina Mungai <wainaina@madeinkenya.org> Date: Wednesday, February 13, 2008 Subject: [kictanet] Kenya: The Media is Not Innocent To: wainaina.mungai@gmail.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Allow me to re-deflect the issue away from a specific media house and
state the following as a way forward:
1. Journalists must work with all Kenyans to make the press free from
undue influence from Media Owners. Press Freedom will not be achie
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