Hi all, Sorry for weighing in late on this one. I was travelling yesterday and of course the questions went out late. Generally speaking, although I am quite critical of the role of the Media Council re. journalists, and even question the need for such a body, I think the Bill does a pretty good job in terms of setting up the Council and, in particular, of ensuring its independence. Re. the question on areas of expertise, I find the list OK. Other areas such as policy, technology and business might be added. I think expertise on gender and human rights is a very important area. I don't think the focus should be on professional status so much as having a wide range of types of expertise that are relevant to the functions of the Council, most importantly applying the Code of Conduct. For this, what is needed is individuals who can, while understanding the importance of freedom of expression and the way the media functions, for example assess whether particular media output meets acceptable standards of taste (para. 9 of the Code), covers ethnic conflict appropriately (para. 11), and respects privacy (para. 13) - these are just random examples. I agree with Grace that it would be useful to include a requirement of gender representation. There was a suggestion that only journalists should be members. This is not appropriate for in this case, it would be a cosy club assessing itself. It is perhaps worth noting that in both of the two examples I gave early (UK and Indonesia), the relevant bodies include non-media members. The UK Press Complaints Commission always has a majority of members, including the Chair, who do not come from the media (even though it was established by the media) while the Indonesian Press Council has 5 members representing journalists, 5 representing media owners and 5 representing the general public (although again, like the PCC, all chosen by the media). Re. Chapter Six of the Constitution, I cannot claim to be an expert in Kenyan constitutional law and I did not even have a change to read these provisions. But when I read that provision in the Media Council Bill, I assumed the chapter set out various objective requirements, such as independent, integrity, etc. I don't think the intention is that members of the Council will be officials (this is just not in keeping with the whole tenor of the Bill). Furthermore, section 9(1)(g) of the Bill would appear to specifically preclude this. Re. distinguished career, I think the idea is to prevent nepotistic appointments (this would provide a basis for challenging an appointee who did not appear to be appropriate), rather than as a strict positive requirement. To this extent, it is probably useful. Toby ___________________________________ Toby Mendel Executive Director Centre for Law and Democracy toby@law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org On 26 Jan 2011, at 04:27, Grace Githaiga wrote: Dear Listers Welcome to day 3 of our discussion of the Media Bill in which will tackle two issues namely Composition of the Council(article 6) and Qualifications of Members (Article 7 (1)). Article 7 (2) on appointment of Chairperson will be discussed tomorrow. Today's debate Article 6 states that the Council shall comprise seven members, appointed in accordance with the provisions of this Act. Article 7 (1) states...A person is qualified for appointment…if such a person (c ) have knowledge and experience of at least 10 years including past or continuing membership to industry or other professional body in matters relating to any of the fields: i) Law ii) Journalism iii) Finance iv) Gender and human rights v) Performing arts; or vi) Advertising. Questions: · Should other professions be considered? · Is gender and human rights relevant in this list considering there is mention of one belonging to a professional body? · And is it necessary to actualize gender balance? If so, how? · Out of the seven council members (article 6), are there some who are critical and must be represented in the Council? (d) Meets the requirements of chapter six of the Constitution Question: Chapter six of the constitution is on leadership and integrity and relates to state officers. Is there an assumption then that the council members will be considered state officers? Is this section necessary? (e) Has had a distinguished career in their respective fields. Question: How workable is this? Your suggestions are highly appreciated. Rgds Grace ___________________________________ Toby Mendel Centre for Law and Democracy toby@law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org