Absolutely NOT Mr. John, there are a lot consultations going on and that just happened to be one of the lively topics behind-the-scenes ICT BIll consultative threads. Glad you took note of it. We should have a good document by 14th - another thread argues Friday 13 is bad dead-line idea. Expect some posts by 12 from them. Alex --- John Walubengo <jwalu@yahoo.com> wrote:
Alex,
looks like u have abondoned the ICT wish list and become an anthropologist?...Anyway, here is some stuff I picked from my archive regarding comments from KICTAnet chaps on the Broadcasting component a while back. Wonder if they still apply...
~~~~~~~~begins~~~~ Media and Broadcast Group summaries
Although the Bill must be commended for addressing pertinent issues regarding operations of broadcast media in the country, the following have been identified by the group members as issues that require attention: Broadcast Licensing Clause 8(1) Transparency in issuing broadcast licenses is first of all compromised by the procedure in appointment to the Commission Board. There's need to review Ministerial appointment. The appointment should be determined by an independent appointments committee that must be independent of the government, media and ICT industry. In simple terms, there is need to ensure that appointed representatives of the Board must serve in their individual capacities, and not as representatives of the institutions that they may be serving. But the key issue here is the establishment of an independent appointments committee. In this way, there is a guarantee that we shall not see what we've seen in the past where the Commission Board faces interference especially from the executive. The other alternative is to have a list of possible appointees first vetted by Parliament before being finally approved by the Minister for appointment. The problem with Parliament is the possibility of the Commission being a victim of untold interference by political forces. Clause 28 This is just food for thought for others to think about. Don't you think licences to broadcast should be issued to corporate rather than individuals? Although controversial, I see certain problems that may arise, for instance: 1. who gets the license in case of the individuals demise, is the person qualified? 2. what if with time the individual is unable to meet financial obligations? For example, who is held responsible to pay for damages in the event the individual absconds after loosing a case regarding defamation, copyright? A corporation at least has perpetual succession and is likely to be more liquid and is also assumed to more interested in public rather than serving individual interests. What do the others think? Cross-media ownership Clause 28 Clause 28 (1) and (2) prohibits issuing broadcast licenses to persons or entities with interests in other broadcast category. This should be encouraged to promote diversity in broadcast. On the other hand, 28(2) which prohibits issuing a broadcast licensee who owns or controls a newspaper or more than ten per centum of the securities in a body corporate owning or controlling a newspaper may in a way discourage entrepreneurship in a country where getting capital to invest is a big challenge.
Alfred Odour: According to Alfred, this should be re-examined to encourage entrepreneurship. For example, if I own 100 per cent of a newspaper that is sold only in Mfangano Island, why should I not own radio station in Lokichogio? People who read my newspaper would not be influenced by the broadcasts in Lokichogio, though I have control of both entities. In this regard, the South African Electronic Act is more elaborate. The clause could be revised to allow someone to own both radio and newspaper if the consumers of the contents are mutually exclusive.
Content Regulation Tony Wafula: The Kenya ICT policy proposes the formation of a content Advisory council that would among other issues monitor and regulate broadcast content. I find this impractical in the sense that the council will have to choose between being reactive or pro-active. The definition of content need to be redefined here. For instance will the council vet all scripts before they go on-air on a daily basis? If so doesnt this amount to advance censorship?
Now that the govt has passed the media bill, won't the content advisory council interfere with the role of the Media council of Kenya?
These are some of the issues we should follow up. In my view the dictates of an open society do not encourage the existence of a content advisory council. Most of the problems here can be dealt with at an ethical perspective.
Solomon: Clause 29 (2) (g) This provision that programming should promote Kenyan identity should go further than this and include the requirement that the programming should promote Kenyan cultural identity. This is to avoid a situation where we have programmes that although produced locally but in essence do not reflect Kenyan culture and values. Clause 33 (1) (f) In applying the "fairness doctrine", this clause should replace "alternative points of view" with "all sides of the argument" since the former is rather vague. For instance, does alternative represent the other side of the argument or just another source that may not really be reflecting the opposing views? Clause 33 (1) (j) an addition could also be made to this clause regarding "respect to the principle of fair competition in advertising generally accepted in business". This is due to what we have witnessed before; "advertising war between competing companies that may at times turn ugly". Probably we could add here that content should conform to "contemporary community standards" Clause 33 (1) (f) this provision should also include the requirement that whenever there is going to be recorded telephone conversations, a broadcast station must first seek consent from the said person prior to the beginning of the conversation even though the party may later consent to the airing of that conversation. This is due to the assumption that the conversation will only be aired subject to the individuals approval. The key is permission must === message truncated ===
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