Looks like I missed it - any chance that the clip is online somewhere? On YouTube maybe? or somewhere else? walu. --- On Fri, 12/19/08, Brian Longwe <[email protected]> wrote:
From: Brian Longwe <[email protected]> Subject: Re: [kictanet] Did the ICT Bill debate happen? To: [email protected] Cc: "KICTAnet ICT Policy Discussions" <[email protected]> Date: Friday, December 19, 2008, 2:34 PM Methinks it did.
check out http://alkags.com/?p=172
Brian
On Fri, Dec 19, 2008 at 1:32 PM, John Walubengo <[email protected]> wrote:
Am not sure if the above happened...but someone has referred me to the analysis from our very own Govt Spokesman - probably what the Minister/PS whould have presented as the alternative view. Download and enjoy?
http://www.communication.go.ke/documents/media_bill_2008_comparisons.pdf
walu.
--- On Thu, 12/18/08, Wainaina Mungai
<[email protected]> wrote:
From: Wainaina Mungai
Subject: Re: [kictanet] Comments on Bill Posted Online To: [email protected] Cc: "KICTAnet ICT Policy Discussions" <[email protected]> Date: Thursday, December 18, 2008, 6:05 PM Good points
Word has it that the live debate @ NTV has been cancelled.
Could Ndemo confirm this for us?
Is it true that the Minister pulled out?
Wainaina
On Thu, Dec 18, 2008 at 4:48 PM, Monica Kerretts-Makau <[email protected]>wrote:
I probably come in late to the foray of the discussion, but am not in the country and could not get my hands on
copy. Thanks for posting
it online Dr. Ndemo and team. My comments to the bill and as also assisted a legal friend,
1. This is not a media bill as many have led everyone to believe. It is a Kenya Communications (Amendment) Bill 2008.
2. The bill proposes to amend the Kenya Communications Act 1998 as hereunder (this is in a nutshell of course):
1. Enhancing the regulatory mandate by allowing for the regulation of broadcasting content (this covers only electronic media and not print media)
2. Providing for the recognition and
a ccTLD registrar
3. Providing recognition for electronic
transactions including
e-contracting, digital signatures as well as
amendments to existing
legislation e.g. the evidence act allowing for submission of digital copies evidence, recognition of e-crimes in the
etc.
The bill mentions nothing, as far as the
government shutting down media
freedoms is concerned.
What the media are up in arms about and misleading every right-thinking Kenyan is the provisions of the current
the Kenya
Communications Act, which provides for the
the minister for
internal security on the occurrence of any
interest of public safety and tranquility.
The section allows the minister to take temporary
emergency or in the possession of any
telecommunications or radio communications apparatus on the occurrence of such an emergency. This action by the Minister is only allowed pending the existence of the emergency. It also provides
the actions of the minister herein may appeal to the High Court and obtain compensation the refrom.
*So the draft amendment bill does not mention anything about section 88, i.e. it is not being amended.*
*THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT SECTION 88 IN THE CURRENT COMMUNICATIONS ACT INCLUDED IN THE COMMUNICAITONS AMMENDED BILL? IF SO, SHOULD SECTION 88 BE DELETED OR CHANGED? * Of course the debate as to whether it should be deleted is ongoing, and the media are no exemption. But this is a saving
person aggrieved by provision of any
communication regulation legislation to allow Government to take steps to deal effectively with the emergency or alternatively stop such networks being used incase of an insurgency in a country etc. (No doubt of course the debate rages on because history has evidenced the tendencies/choices made by African governments)
*What is evident is that there is a notion
amendment bill includes section 88, which currently is in the communications Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL. *
I agree with a live television broadcast *if only to explain what it is and what it is not *AND probably allow the debate to really take place country wide as it should have prior to it going to
current communications parliament.
* PS: (*I hope its aired on NTV OR KTN for
and can only access it via DSTV NTV OR KTN).
Best regards,
Dr. Monica Kerretts-Makau
On 16/12/08 2:22 AM, "Edith Adera" <[email protected]> wrote:
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as
not in the country presented to parliament)
available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to "our right to know"?
I've carefully read through these
the bill and have some
comments:
1. Apart from the gender Insensitivity
of this clause "46Q b) that person
provides broadcasting services in an area for which HE is not licensed to
broadcast;", I've some substantive comments here below:
2. Section "46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d)
anything that may be
prescribed under this Part.
Comment: I worry about the unspecified
prescribe content and
"anything that may be
the Minister – given our past, what
are
the implications?. who makes regulation? Minister or Regulator?
3. section "46H (1) The Commission shall have the power to set standards for the manner, time, and type of
under
this Act."
Comment – might this limit creativity and
that
allows free speech?
I've concerns about this section below:
4. Section "88.(1) On the declaration of any
broadcast by licensees public opinion type programming public emergency or in the
interest of public safety and
being
responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary
Minister for the time possession of any
telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication,
from
any person or class of persons relating to any
communication within Kenya particular subject shall
be
intercepted and disclosed to such
be specified in the
direction;
(c) in the case of postal services,
<[email protected]> the right licensing of propose penal code section 88 of powers of public that any that the those of us sections of prescribing powers to prescribed" by programmes to be tranquility, the that any person as may that any
description or postal article in the course of
within
Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct."
Comment: what constitutes "interest of
this
is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of
postal article or class or transmission by post public safety and tranquillity" – personal insecurity,
isolation and denied persons their "right to know" and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith
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