If i may contribute to this exchange i think the discussion is important Bill. The Law is already in place , however everyone seems to be having their own opinion on the Pro's and Cons of the New law which is counterproductive in the long run for the sector.Dont forget there are vested interests and sideshows in this whole Law issue, as practitioners it is important that we are all informed on the benefits (or good tidings) that the new new law brings and the challenges it might bring to the sector in the long run.In short as others are submitting their petitions let the debate continue, we were challenged at the Hilton Forum to embrace Research and the kind of information being exchanged on this forum is of utmost importance to all members. On Fri, Jan 16, 2009 at 3:55 PM, John Walubengo <jwalu@yahoo.com> wrote:
Bill,
I have no game plan, I am an Academician and so find that I am able to look at this issues from each stakeholders perspective relatively objectively - and yes my effort was 'duly' commissioned by the KICTANet National Cordinator - though not digitally signed :-(.
This 10day exercise is not intended in anywway to undermine any other 'fact-finding' exercise and I believe the Ministry (of Info) does have the resources to multi-task and receive ideas from face-2-face workshops, online workshops, et al.
With regard to timeliness - last I heard was that Wako (AG) and/or Parliament can only begin to debate the suggested recommendations/proposals in April 2009 under a new Bill. So my take is that we have enough time for KICTAnet, ISACA and/or any other Stakeholder to submit their ideas.
Why go into the other Sections -IT, Telco, Postal, etc?. Again, my brief was to do total review of ALL sections - avoid being trapped in the over-hyped Media vs Govt debate because all the other sections are important too and could stand to benefit from a review.
I attach the Program Outline which I posted on Day 1 and looks like you missed it (hence your suspicions?). Nevertheless, If members wish that we rest the discussion, I will close the discussion and move out of the Chair accordingly.
~~~~~~~#########Attached Program Outline###########
Kenya Communication Ammendment Act –Online Discussion.
Outline Description The Kenyan Government has enacted the Kenya Information and Communication Amendment Act (2009) - popularly known as the ICT Bill/Media Bill and KICTAnet invites comments on the same. Kenya ICT Action Network (KICTANet) is a multi-stakeholder forum that aims to enhance collaboration between various Government, Private Sector, Civil Society, Academia and others interested in harnessing ICT for development.
Program Setting & Description:
The Act has the following major categories and shall be discussed as outlined below: i) Broadcasting & Media(3days) ii) Information Technology (2days) iii) Telecommunication & Radio (2days) iv) Postal (1day) v) Academia & Socio-Cultural (implied within text)-2days
Members shall analyse the Act over a period of two weeks and submit their findings for subsequent consideration to the Ministry of Information and Communication.
Aim: To understand the implications of the Act and make recommendations for improvement.
Objective 1. To identify and list the possible gaps, amendments and additions within the Kenya Communication Ammendment Act
Main Outcomes/Deliverables 1. Participants contributions as captured and stored within the Online Environment 2. Summarised contributions in terms of Action-Items (add, amend, delete) 3. Face-2-face workshop and Presentation to the ministry.
Kick off today by inviting comments on the good aspects within the Broadcasting sections. Tomorrow we review the bad and make suggestions for amemdments improvements on Wednesday. Floor is open.
walu.
--- On Fri, 1/16/09, Bill Kagai <billkagai@gmail.com> wrote:
From: Bill Kagai <billkagai@gmail.com> Subject: Re: [kictanet] Day 5 of 10-KCA 2008, IT Section - the Bad + Recommendations To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Friday, January 16, 2009, 3:57 PM Walu, This is getting a bit confusing for me. Besides changing 'subject lines', you are forcing a debate that is clearly non-existent. I am concerned about your game plan here. As you continue collecting opinion over the next one week and then draft a report over the other two weeks, will it not be too late to submit a petition??
Yesterday, the Computer Society of Kenya, Kenya ICT Federation, PRSK, ICT Consumer Association and a horde of other stakeholders submitted petitions to the Ministry at Laico Regency.
I feel this activity is not only slow and time barred, but it will bring a lot of confusion later if not drag us back to where we have just managed to come from. Has Kictanet sanctioned that what you gather here will be our official petition on the ICT Act?? Aren't we past that now??
-Kindly clarify Kictanet intentions with this Day X of Y debate you have triggered. -Has the Ministry asked for comments on the new ICT Law.
To the contrary, I think they are implementing the new law. Maybe your debate should be on action rather than commenting on a law process that has come to pass. Maybe commentary on how the new law will be put into practice. I am just confused....I could be wrong about your/kictanet intentions here.....
Thx, Bill
On Fri, Jan 16, 2009 at 2:24 PM, John Walubengo <jwalu@yahoo.com> wrote:
Thanx David, I have noted your specific proposals...lets turn our attention to the bad things about the IT Section...
We need to review some of the concerns raised by the IT fraternity. Michuki raised one concerning the management of the internet domain names. Apparently all domain managers/registras must be licensed by CCK (Regulator) rather than KENIC (the current) managers for the .KE space. Two issues arise here (a) CCK Board is largely government selected and driven, whereas KENIC board is multi-stakeholder selected and driven. Do we therefore want only Govt to oversee the .KE space? What model should we have instead? Another thing noted is the fact that some domain management issue DO NOT NEED a license but clause 83D seems restraining in that all actions on a .KE and its subdomain would require a license. Quite difficult to enforce if you asked me...
The other issue I picked regards the liabilities of ISPs/ASPs or Infrastructure managers with regard to pornographic content. If you are an ISP and your customers downstream are spewing digital porn - you are as guilty as they are and good for the courts/jail (Clause 84D). The only comfort here is that this is a global and not a locally engineered challenge (remember internet governance issues?). So how do correctly apportion blame between content creators and content transmitters(pipes) as it were?
Finally, some of the e-Crimes cited have been found to be too restrictive, like 'hacking' with respect to software (84C) or mobile devices. Many techies will tell you that they need to hack in order to learn/innovate. The same way our Jua-kali mechanics learn how the car-engine works by breaking it apart. Unfortunately I have no immediate Recommendations to smoothen these issues but the floor is open for clarifications/recommendations. We have today and the weekend for this theme and on Monday we have a look at the Telecommunication aspects.
walu.
--- On Thu, 1/15/09, David Makali <dmakali@yahoo.com> wrote:
From: David Makali <dmakali@yahoo.com> Subject: Re: [kictanet] why bullying won't help To: jwalu@yahoo.com Cc: "kictanet" <kictanet@lists.kictanet.or.ke> Date: Thursday, January 15, 2009, 5:33 PM Rebecca, I don't think you people are willing to listen to what the media is saying. And as long as you proceed with that bias, there is unlikely to be any constructive dialogue or debate about the actual issues - whcih i urge you to focus on. Blaming the media for not having acted properly (and am not defending it here) is not going to wash. First because you need to understand why the media resorted to certain actions, and secondly because you are conferring too much credit on the govt/ministry for what has happened or not happened. The fight, to use Bill Kaigai's words, is not even one between you (ICT people) who have jumped in between and the media, but between the media and the govt/parliament, particularly the ministry which is desperately trying to rope in everybody to its side in an unnecessary war against the media.
Who is bullying who? The media or the ministry which wants to legislate wapende wasipende, laws which we genuinely feel can be better?
First, the deputy speaker can not even justify that legislation. As it has emerged, most of those MPs had not read or were not awake to the implications of the bill that a few passed. And so we should sit back and fold our legs and say we can do nothing about it? That is relapsing to tyranny (Frankly, if you as me, parliament has effectively replaced the executive as the seat of dictatorship in our country. I am willing to defend that position anywhere.) If inded you followed the legislative process, you would have noticed by now that not a single amendment was taken by the MPs when the Bill went through the readings. Why? How democratic is that for Parliament. MPs should not lord it over everybody, and be haughty about their legslative power, when most of them know zilch about the legislation they pass. So, should the media be blamed for not trying when it raised its voice and made all manner of presentations to the VP, PM, Minsters, Parliamentary Committee? Are you aware that before the law was passed, the media had interceded with Kalonzo, Raila, Karua, Rege's Committee, and the Ministry of Information? So, it is not for want of trying that the media found itself in this situation.
I am surprised at your claim that we should have gone out to look for govermnent to ask if there was any legisation . Surely, are you serious? Is it the business of the media, or anyone else for that mater to go inquiring if the govt does not disclose if it has legislation coming on a particular sector? How come you want to excuse the ministry for that mischief, and blame Macharia instead for the offence of the ministry? I dont get it.
I must point out that since the beginning of the year, the ministry has been hellbent on controlling the media. It tried to usurp the role of the media council (i will come to that shortly) early last year but was repulsed. Eventually a task force to look at how to improve the media act to address its weaknesses was constituted, with a rep from the ministry. It had a short, one month period to discuss and produce recommendations for amendments. That was five months ago. Up to now, it has met only once, the deadline has been extended indefinitely. In the meantime, the ministry has succeeded in shoving through the Communications Act. Start by asking the ministry what is happening to the task force headed by Priscilla Nyokabi of ICJ, then may be you will begin to comprehend the media's beef with the ministry.
The point has been made that the media council has not been effective. That is again another lie. What is not being stated in all this hulla balloo of condemnation is that the media act was only passed in september 2007, and came into force in october, when elections were due in december. By then, the institution of the council charged with aribtrating complaints - the complaints commission - had not been formed! Nor the finances provided. Even so, what exactly does the act say? If does not give the council power to attack or interfere with media houses. It provides a mechanism for the public to respond to media content. It is not the Council to go after r police the media but the public to compain about what it is unhappy with or contrary to the code of ethics of journalism as provided in that media act. so to blame the media council for not acting is clearly wrong (even with the reasons given above). How many people actually know that the council is supposed to do? How many compaints has the council "received" apart from people whining in public. The procedures are all there - you write to the council to compain about a particular station or newspaper; the council summons the media house and gives it 14 days within which to repsond, then the matter goes before the complaints commission to arbitrate and make a finding and issue orders to be obeyed by the media house. That is as it should be. All parties are heard.
For your information, the complaints comission was formed three months ago and is now functional. It has received compalints, including from the govt, about some stations.
It is not correct ot say that the media are self-regulating or they have failed because that media council is a statory (read govt) body with media, govt and non media representation. The complaints commission is also a non-media body (the chair is a lawyer with qualifications required of a high court judge!) Please note - the era of self-regulation ended with the passage of the media act, 2007!
swhich is why the media has argued that the controls under the new comm act are parallel to what already exists, and all content issues should be moved under one statute.
For the purposes of moving forward, the media fraternity (MOA, editors guid) have made very specific proposals for amending the Act, among them the following: 1. to move the whole broadcasting section hived off and moved to the media act, and should that not be possible or even after so doing; 2. restrict the coding envisaged in sect 46 to entertainment programs (so as to preserve the editorial independence of the media) and scope to be restricted to adult content, religious programs, decency etc and such code to be dranw up in consultation with the media council. 3. improve on the compsosition of the comm commission by requiring the minister to appoint to the commission people nominated by sectors of stakeholders, including the chair of the media council 4. disengage the minister form issuing directives to the commission 5. reduce the heavy fines provided for offences under the act 6. move all the complaints related to content from the act to the media act, and keep those related to violations of infrastructure nd licencing issues to the comm commission, which should be left with the management of frequencies and infrastructure. 7 amend the media act appropriately to acccommodate the above changes, and additional responsibilities, and provide for funding.
Surely, these proposals are not designed to protect the media or shield it from any criticism, but make it accountable but still independent, not a lapdog of the govt.
I hope this is not outrageous or offending to the ICT fraternity. ~David
--- On Thu, 1/15/09, Rebecca Wanjiku <rebeccawanjiku@yahoo.com> wrote:
From: Rebecca Wanjiku <rebeccawanjiku@yahoo.com> Subject: why bullying won't help To: dmakali@yahoo.com Cc: "kictanet" <kictanet@lists.kictanet.or.ke> Date: Thursday, January 15, 2009, 12:27 AM Makali,
I have been involved in the policy making process in the ICT sector both locally and within the WSIS process. So, allow me to make some observations.
I was at the forum on Tuesday and agreed with the deputy speaker that the media is bullying Parliamentarians and expecting Parliament to pass the law in their favour.....Bill put it better than I can. You can read my opinion
http://beckyit.blogspot.com/2009/01/why-it-s-hard-to-sympathize-with-media.h...
During the meeting, it became clear the
perhaps do what other sectors did in terms of lobbying in the process. Section 88 has been there since 1998, is
the time the media has just realized that?
During the drafting process, various sectors are asked to amend or draft clauses that do not suit them and
what they would want the clauses to read. Was the media involved in the drafting process? I think it is wrong for the media to assume that the government or
should have understood the issues or implications while they were not there. I was shocked when Macharia Gaitho said on Tuesday
when they were in Mombasa discussion the FOI
said that that is all there is regarding media, that
was no other act concerning the media. I wondered, did
media stakeholders expect the government to look out for them?
The bone of contention is the power given to
council and the financing, parties should come together and say how they plan to finance it and give it teeth. This way, all the concerns will be addressed squarely.
If our (media) concerns is the libel and the flimsy grounds that people institute cases and win awards, I think
stage is for the media to lobby for the amendment of
judicature act chapter 35 (am not sure) which deals with defamation and shift the burden of proof to
more like the amendments to the UK laws, which we inherited and have never amended.
This way, the laws will be harmonized to take care of all concerns and interests. Gaitho put it very clearly
media is not aganist regulation but control. This is
time to pursue regulation mechanisms and put
media did not this present the other sectors that the ministry there the the media the next the the complainant, that the the them in place.
regards
Tel. 254 720 318 925
blog:http://beckyit.blogspot.com/
________________________________ From: "dmakali@yahoo.com" <dmakali@yahoo.com> To: rebeccawanjiku@yahoo.com Cc: kictanet
<kictanet@lists.kictanet.or.ke>
Sent: Wednesday, January 14, 2009 9:28:14 PM Subject: Re: [kictanet] Makali's response to brian longwe: KCA2008-Broadcasting-The Recommendations
Why is it me? That msg frm maloy makes sense to you? Why don't you see anything wrong with that msg. Get real, Bill.
Sent from my BlackBerry(R) wireless device
-----Original Message----- From: Bill Kagai <billkagai@gmail.com>
Date: Wed, 14 Jan 2009 20:45:28 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy
Discussions<kictanet@lists.kictanet.or.ke>
Subject: Re: [kictanet] Makali's response to brian longwe: KCA 2008-Broadcasting-The Recommendations
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