looks like this response was burning and cant wait for next weeks discussion on the same. walu. --- On Tue, 1/6/09, Concerned Citizen <kenyacitizen@gmail.com> wrote:
From: Concerned Citizen <kenyacitizen@gmail.com> Subject: RE: [kictanet] Kibaki signs Bill into law To: jwalu@yahoo.com Date: Tuesday, January 6, 2009, 11:24 AM Please post this view on Kictanet.
Four things are annoying this concerned citizen about this debate.
1) The media has doen the country a dis-service by failing to highlight the good in this act. generally the media should stop chasing after the horse which has already bolted the stable. The bill is now an act. As far "media" concerns go - the ONLY way to get rid of offending emergency clause is to take the bill back to parliament. For the media to now paint the picture that the whole fracas is the fault of the executive is wrong. It was not the executive that approved this bill in various readings in parliament - it was our MPs. Why aren't we hearing more about that? 2) Just who is the "media" we are talking about here? Are the interests of journalists who work on a daily basis being represented here? Personally I have not seen any notable JOURNALIST supporters of the bill complain about the bill. Could this be because they know (as a growing number of the public are coming to know)that this is too much ado about something that cannot now be changed? 3) For Mr Makali to dismiss the concerns of the ICT community on this bill is short-sighted and arrogant. The ICT community has been campaigning for several clauses within the bill to be passed for many many years - its passing is major cause for celebration for the entire country as it creates new business opportunities that will enrich OUR economy. In my view, the good in this bill surpasses the few negative clauses that are being shoted about from every available roof-top. 4) As a member of the media I have never felt so cowed or suppressed in my life. My colleagues and I have been forced to accede to this "media" agenda without any consultation. When the Media Bill (see how these ill-thought abbreviations confuse the public???) of last year was under debate, we happily took to the streets to fight for our press freedoms. What is happening now is a travesty of our industry - what was an ordered campaign against unfair legislation is now becoming a witch-hunt where the power of the media is been used negatively to attack various structures. Those who are shouting are risking the very same heavy investments by the media they seek to protect and reversing the gains its taken decades for this country to acheive which could now be under a more serious threat of misuse by a few individuals for personal gain.
There is no other industry that needs regulation as much as the media right now.
I think what the media should push for now - in the public's interest - is a review of the offending clauses by our non-tax paying friends in parliament and further, a review of the act itself which attempts to lump too many industries togther.
The views I hold do not reresent the views of my employers and are purely personal in nature. -----Original Message----- On Behalf Of dmakali@yahoo.com Sent: Monday, January 05, 2009 9:15 PM Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki signs Bill into law
Barrack, I don't see our pt of diff. Media are the first users of ict and thea is no doubt ict is imptant in a modern ecoomy. But that's it. So is freedom of speech and access to information. And we don't have to compare media and ict. What I state and repeat is the tendency by ict buffs to think only ict in isolation or see nothing wrong else with the aw as long as their concerns are taken care of, then say dismissively that there are other iinstitutions to deal with their legitimate concerns or reason should prevail. Which? How come ict folks are not raising their voices on thoz issues they acknowledge media have except as btw or in a back handed manner? Am very awake to the fact the country desperately needed to kick up the ict sector with facilitative legislation. I have personally suffered from its lacking. But we can't gloss over fundamental issues out of that desperation! China has all the ict you want but wat kind of society is it. You can't enjoy ict in a repressive environment. And this country is in the cusp of potential tyranny midwifed by our unresolved political equations that we are just about to begin to resolve. If any political axis should be handed control over the media, even with its weaknesses, you will rue the day you dismissed our protestations. I have written too much and may be I feel too strongly about this but no emotions. Straight shooting perhaps. David
Sent from my BlackBerry(R) wireless device
-----Original Message----- From: "Barrack Otieno" <otieno.barrack@gmail.com>
Date: Mon, 5 Jan 2009 20:36:51 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki signs Bill into law
Bwana Makali, I think you are being sensational, lets try and get emotions out of this argument, for as long as i can remember media practioners have always rubbished the role of ICT in the countries socio-political landscape, i witnessed this behaviour in a forum sponsored by Unesco at the Grand Regency a couple of years ago which was apparently chaired by CEO's from leading media houses and i can see bwana makali repeating it on this list which is unaccepatble here even though we are democratic!!, give us a break sir. None the less may be we need our own ministry as Dr Siganga says to champion the ICT agenda and save us from this circus. The Media has a point and we all agree that there are contentious issues that need to be sorted out however let reason prevail, we have instituions in place to handle this kind of problems and they need to be put into use
The media's ref to the comm amendm bill 2008 (yuck!) as media or ict bill is attributable to two factors. The media have a right and an editorial licence to abbreviate long and cumbersome names. Do you guys know how difficult it is to write headlines? Write one to test your editorial skills - 25 letters across 40cms and include all
Second, the media have a right to christen anything for ease of reference. Why aren't you media phobes complaining about ndungu, waki, kriegler or whatever other commissions that don't exist in fact and which you have quite happily swallowed? wats wrong with the media or ict or (next) postal bill if it captures the essence of what is on
Finally, of course, some media could just have failed to see the bigger picture and erroneously referred to it as media bill. In which case that all fair in war and love. You can't moan till morning. Let's face the facts. The law has bad provisions
Jog your memory. David Sent from my BlackBerry(R) wireless device
-----Original Message----- From: "waudo siganga" <emailsignet@mailcan.com>
Date: Mon, 05 Jan 2009 18:35:00 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki signs Bill into law
Thanks for noting the changing goal posts in terms of
Law Alice. In fact a short while ago some referred to it as the "ICT Bill" before briefly reverting to Kenya Communications (Amendment) Bill 2008 and then finally resting at "Media Bill". For me I think I understand the reasons for this confusion,
this is a compound Law in one basket. The lesson I learn is that in future we need to change some things otherwise it is
stage where useful ICT Policy, Legislative and regulatory development processes are held back by things that really have nothing to do with ICT. What if the courier services who are now regulated by this Law had successfully opposed it? We would be missing e-transactions legislation simply because of a function that has nothing to do with ICT. For starters, the Government should restructure so
only Ministry like they have in India, Egypt, Mauritius and other countries worth copying. For many years after independence we had a Ministry of Information and Broadcasting. That Minstry should be revived to focus on the interests of our media brothers. Right now it is very difficult to pin down what is "ICT" in Kenya. Some of the issues being brought under the umbrella of "ICT" are those that the real ICT people cannot contribute to. Some people are saying everything is OK because of "convergence". But as can be seen, even trying to converge Laws is an issue unto itself.
Waudo On Mon, 05 Jan 2009 17:47:32 +0300, "alice" <alice@apc.org> said:
I agree and for Pete's/Jane's sake could media drop the "media bill" reference. It is the Kenya Communications (Amendment) bill 2008, which covers much much more than broadcasting issues. and much more importantly it finally deals with issues of convergence from a technological, content, regulatory, as well as economic perspective. it is important that the communications "sector" adapts to this global convergence trend/scenario, because it will
universal access to ICTs, in terms of reducing costs while stimulating economic and social growth. This can only be done
ICT policy and regulatory mechanisms, which the bill provides for.
What we should be focusing on are the challenges
this dynamic because adaption to convergence is not the end point.
best alice
p.s. views are personal and not a reflection of any of the institutions/organisations I am affiliated with.
Great suggestions,
I feel we can support the media but not in-toto.
First, it would be nice of the MoA et. al. to let go of the negative "Media Bill" campaign and engage constructively with other players.
Secondly, media should consider calling ICT advocacy personalities to a forum where they can share how ICT issues have successfully been incorporated without the animosity that is common when advocating for media issues.
I believe the media needs to feel secure that if their arguments are valid, they'll have our undivided support....issue by issue.
Wainaina
On 1/4/09, Bill Kagai <billkagai@gmail.com> wrote:
The 4 fundamentals;
1. When the Media fraternity suggested
sector players felt this was akin to
the baby. Personally I am happy the ICT issues did not go down the drain. And I think that was what many of us were asking for.
2. The Media has genuine concerns as Haron Ndubi articulated in his legal opinion on the probibity of the bill. However, the Media completely blacked out ICT sector concerns during our campaign to have the bill signed. We even went out of the way to show the remedies to the issues through the miscelleneous amendment bill as suggested in the very fast legal opinion whose author requested we keep his/her identity anonymous.
3. ICT players and especially Kictanet ought to prove it's the bigger wo/man by showing solidarity in the front-line with our cousins in the Media looking for a way out of the quagmire. We do not have to ignore them simply because they refused to side with us in our campaign.
4. We are extremely careless in handling crisis. If you are familiar with Newton's method of factoring variable change and the Monty Hall
Paradox<http://en.wikipedia.org/wiki/Monty_Hall_paradox>,
then we can analyse the options the President had mathematically. 4a) Sign Bill 4b) Don't Sign Bill 4c) Do nothing and hold Kenyans in suspense.
Each option had a 33% probability of being the 'right' decision. So, assuming he had not seen the bill earlier since he was not the author and had decided not to sign the bill following the Media owners petition, was it wise to change his decision from 'Don't Sign' to 'Sign'?? Monty Hall <http://en.wikipedia.org/wiki/Monty_Hall_paradox>
changing the decision increases the
66.6%. And that is proven by the fact
support ways of also making our brothers in the media achieve 'State of Nirvana'. This bill will also give
On Mon, Jan 5, 2009 at 6:59 PM, <dmakali@yahoo.com> wrote: that communications bla bla!? the table or disputed? I find it trite argument to insist that the media have misrepresented the bill. If there is nothing contestable about the others, or they are less controversial or for whatever reason they dim in significance, what is the big deal? that only myopic and selfish people or those with axes to grind the media can't see. Unfortunately, it takes a very short time before the reality catches up with such people wen they find themselves on the receiving end. the title of this particularly for the public: possible to reach a that we have an ICT provide for expansion of through appropriate that will come with the bill be rejected in-toto, ICT pouring the birth water together with proves that probability of getting it 'right' to that we [in ICT] feel content and the Minister of Finance some head-up
before he dismisses innovations such as M-Pesa without prior knowledge.
Conclusion; For Makali, Openda, Kaikai and other leading Media personalities who I know are on this list, why don't you invite ICT stakeholders in to your media stations to engage Kenyans on what is good and what is bad in the ICT [not Media] bill so that we can fight together against what we feel is not good?? This has nothing to do with whether the grand coalition will hold or not, since neither the Right Honourable nor His Excellency drafted this bill. We did and the buck should stop with us!!!
-- Bildad Kagai MD - MediaCorp Limited Nairobi Stock Exchange Authorised Information Vendor Suite B2, Tetu Court, State House Avenue P. O. Box 20311 - 00200 Nairobi, Kenya Tel. 254 20 272 8332 Fax. Rendered Obsolete S - 1°17'13.8" E - 36°48'22.7" www.mediacorp.co.ke ---
On Sun, Jan 4, 2009 at 6:21 PM, alice <alice@apc.org> wrote:
Thank you Wainaina. Happy 2009. Now that the bill has been signed, what does the ICT industry think about this whole debate? especially those who have worked for such a long time with government to introduce legislation for the sector?
best alice
Happy New Year for ICT development in Kenya.
> We can now look at the Media's concerns on the Kenya Communications > Act and support whatever amendments may be justified. > > Wainaina > > > >
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