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.html

During the meeting,  it became clear the media did not perhaps do what other sectors did in terms of lobbying in the process. Section 88 has been there since 1998, is this 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 present 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 the other sectors should have understood the issues or implications while they were not there.  
I was shocked when Macharia Gaitho said on Tuesday that when they were in Mombasa discussion the FOI the ministry said that that is all there is regarding media, that there was no other act concerning the media. I wondered, did the media stakeholders expect the government to look out for them?

The bone of contention is the power given to the media 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 the next stage is for the media to lobby for the amendment of the judicature act chapter 35 (am not sure) which deals with defamation and shift the burden of proof to the complainant, 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 that the media is not aganist regulation but control. This is the time to pursue regulation mechanisms and put them in place.

regards

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