Re: [kictanet] Media council Draft bill 2010 (Day Seven--Complaints and Dispute Resolution)
Hi all, My comments on this round: 1) I agree the chair should not be required to be a lawyer but I think it is clear that the Council will appoint the chair and that is OK with me. 2) I think it is OK not to specify how they will publish the the decision. Surely it is understood that this will at least be on their website. The main point is that they make it public so that those with an interest can follow-up. This is not something that will usually be of very wide public interest. Related to this, publication in the Official Gazette is to ensure formal legal publication of the decision. It seems OK to me. 3) I am also OK with the decisions of the Complaints Commission having legal force. For me, what is important here is the sanctions (see s. 30), which may only be an apology and/or reprimand. I don't like the idea of an apology, which I find offensive to the (absolute) freedom to hold opinions. So I would replace this with a requirement to carry a statement by the Commission (ie to the effect that a decision has gone against you and for what reasons). 4) I have another serious problem with the complaints process, however. Pursuant to s. 27, anyone who is 'aggrieved' may complain about any publication or conduct of a journalist. The Commission will then reject or uphold such complaint. But the Bill nowhere indicates the standards against which such a complaint should be judged. This effectively leaves it up to the unfettered discretion of the members of the Commission to decide and leaves journalists and the media open to being held in breach of a standard that was never communicated to them, which is clearly inappropriate. Instead, complaints should be judged against an established a code of conduct to be adopted by the Council, after consultation with interested stakeholders. It could, theoretically, be the Code in the second schedule, except that this is not appropriate for this purpose (eg it is not appropriate for anyone to complain that a journalist has not defended the independence of the media, as required by section 2 of this Code). Also, the Code should not be legislated but should emerge from the consultation. Best wishes, Toby ___________________________________ 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
Hey People, I realize you got diverted by the internet price issue and the prime time data. And ofcourse Egypt is huge on the agenda. But may I please beg you to just for today give us comments on the last part of the Bill namely the Code of Conduct? We have amended the programme and we will focus our debate on this issue, and then leave tomorrow free for people to raise concerns that they would probably like included in the Bill. And on our final day (Friday), we will provide you with a summary of issues we have agreed on, and those that need further debate. And now to today’s debate: The Code of Conduct and Practice of Journalism covers all aspects for journalism from accuracy and fairness to hate speech. It has 25 articles some which may need further debate for example article 2 on Independence where in (f) that a journalist should refuse to allow the interests of ownership or management to influence news’ judgment and content inappropriately, and article16 on financial journalism. Now, different media houses have own codes of practice. This then leads us to our questions today. 1. Should the MCK Code be made the minimum Code that each Media House should subscribe to? 2. And if so, in what way(s) would media houses be made to comply? And finally, the Bill has no transition clause. Could we have a suggestion on the text? Please talk to us. Have a good day. Rgds Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
On Wed, Feb 2, 2011 at 12:58 AM, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Hey People,
I realize you got diverted by the internet price issue and the prime time data. And ofcourse Egypt is huge on the agenda.
But may I please beg you to just for today give us comments on the last part of the Bill namely the Code of Conduct?
Can you post a link or attach the latest version? The one I can find online is 10 years old! -- Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel
hey listers, i have a few issues with the code: part1(e) refers to avoiding provocative headings,im not sure what they mean by this because i know media houses use sensational headlines to sell newspapers etc. code 12 dealing with recording interviews says that a journalist shld not record someone without their knowledge.what about investigative journalists who rely on infirmation from secret recordings for their stories/pieces? i dont understand the rationale behind code 16 on financial journalism.why shldnt a journalist write about shares in which they or their families have an interest?isnt this impractical? On 2/2/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Hey People,
I realize you got diverted by the internet price issue and the prime time data. And ofcourse Egypt is huge on the agenda.
But may I please beg you to just for today give us comments on the last part of the Bill namely the Code of Conduct?
We have amended the programme and we will focus our debate on this issue, and then leave tomorrow free for people to raise concerns that they would probably like included in the Bill. And on our final day (Friday), we will provide you with a summary of issues we have agreed on, and those that need further debate.
And now to today’s debate:
The Code of Conduct and Practice of Journalism covers all aspects for journalism from accuracy and fairness to hate speech. It has 25 articles some which may need further debate for example article 2 on Independence where in (f) that a journalist should refuse to allow the interests of ownership or management to influence news’ judgment and content inappropriately, and article16 on financial journalism.
Now, different media houses have own codes of practice. This then leads us to our questions today.
1. Should the MCK Code be made the minimum Code that each Media House should subscribe to? 2. And if so, in what way(s) would media houses be made to comply?
And finally, the Bill has no transition clause. Could we have a suggestion on the text?
Please talk to us.
Have a good day. Rgds Grace
----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
While I have not had a chance to access the document in its entirety and the deliberations, has there been consideration to social media, blogs, forums, etc and how they will/should be impacted? Edwin -----Original Message----- From: kictanet-bounces+eonchari=lynxbits.com@lists.kictanet.or.ke [mailto:kictanet-bounces+eonchari=lynxbits.com@lists.kictanet.or.ke] On Behalf Of k.k. ombati Sent: Wednesday, February 02, 2011 10:38 AM To: Edwin Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Media council Draft bill 2010 (Day Eight--Code of Conduct/Wrapping up) hey listers, i have a few issues with the code: part1(e) refers to avoiding provocative headings,im not sure what they mean by this because i know media houses use sensational headlines to sell newspapers etc. code 12 dealing with recording interviews says that a journalist shld not record someone without their knowledge.what about investigative journalists who rely on infirmation from secret recordings for their stories/pieces? i dont understand the rationale behind code 16 on financial journalism.why shldnt a journalist write about shares in which they or their families have an interest?isnt this impractical? On 2/2/11, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Hey People,
I realize you got diverted by the internet price issue and the prime time data. And ofcourse Egypt is huge on the agenda.
But may I please beg you to just for today give us comments on the last
part
of the Bill namely the Code of Conduct?
We have amended the programme and we will focus our debate on this issue, and then leave tomorrow free for people to raise concerns that they would probably like included in the Bill. And on our final day (Friday), we will provide you with a summary of issues we have agreed on, and those that need further debate.
And now to today's debate:
The Code of Conduct and Practice of Journalism covers all aspects for journalism from accuracy and fairness to hate speech. It has 25 articles some which may need further debate for example article 2 on Independence where in (f) that a journalist should refuse to allow the interests of ownership or management to influence news' judgment and content inappropriately, and article16 on financial journalism.
Now, different media houses have own codes of practice. This then leads us to our questions today.
1. Should the MCK Code be made the minimum Code that each Media House should subscribe to? 2. And if so, in what way(s) would media houses be made to comply?
And finally, the Bill has no transition clause. Could we have a suggestion on the text?
Please talk to us.
Have a good day. Rgds Grace
---------------------------------------------------------------------------- -------
If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: eonchari@lynxbits.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/eonchari%40lynxbits.com
Weblogs, social forums, etc should be considered as part of the new emerging media 'ecosystem' rather than in isolation. I think it is important to expand journalism to include citizen participation, in this case the blogs, forums, etc. They have a meaningful role in the future of media/news as do the 'professionals' The challenge would be with developing legal/regulatory frameworks and in applying the code of conduct. For blogs/forums etc, editorial judgment is often applied at the edges rather than at the beginning best Alice On 2/2/11 10:59 AM, Edwin Onchari wrote:
While I have not had a chance to access the document in its entirety and the deliberations, has there been consideration to social media, blogs, forums, etc and how they will/should be impacted?
Edwin
-----Original Message----- From: kictanet-bounces+eonchari=lynxbits.com@lists.kictanet.or.ke [mailto:kictanet-bounces+eonchari=lynxbits.com@lists.kictanet.or.ke] On Behalf Of k.k. ombati Sent: Wednesday, February 02, 2011 10:38 AM To: Edwin Cc: kictanet@lists.kictanet.or.ke Subject: Re: [kictanet] Media council Draft bill 2010 (Day Eight--Code of Conduct/Wrapping up)
hey listers, i have a few issues with the code: part1(e) refers to avoiding provocative headings,im not sure what they mean by this because i know media houses use sensational headlines to sell newspapers etc. code 12 dealing with recording interviews says that a journalist shld not record someone without their knowledge.what about investigative journalists who rely on infirmation from secret recordings for their stories/pieces? i dont understand the rationale behind code 16 on financial journalism.why shldnt a journalist write about shares in which they or their families have an interest?isnt this impractical?
On 2/2/11, Grace Githaiga<ggithaiga@hotmail.com> wrote:
Hey People,
I realize you got diverted by the internet price issue and the prime time data. And ofcourse Egypt is huge on the agenda.
But may I please beg you to just for today give us comments on the last
part
of the Bill namely the Code of Conduct?
We have amended the programme and we will focus our debate on this issue, and then leave tomorrow free for people to raise concerns that they would probably like included in the Bill. And on our final day (Friday), we will provide you with a summary of issues we have agreed on, and those that need further debate.
And now to today's debate:
The Code of Conduct and Practice of Journalism covers all aspects for journalism from accuracy and fairness to hate speech. It has 25 articles some which may need further debate for example article 2 on Independence where in (f) that a journalist should refuse to allow the interests of ownership or management to influence news' judgment and content inappropriately, and article16 on financial journalism.
Now, different media houses have own codes of practice. This then leads us to our questions today.
1. Should the MCK Code be made the minimum Code that each Media House should subscribe to? 2. And if so, in what way(s) would media houses be made to comply?
And finally, the Bill has no transition clause. Could we have a suggestion on the text?
Please talk to us.
Have a good day. Rgds Grace
---------------------------------------------------------------------------- -------
If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: eonchari@lynxbits.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/eonchari%40lynxbits.com
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: alice@apc.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/alice%40apc.org
Dear Grace, As we wrap up, just a concern, we have not heard many media people contributing to these discussions. Or could it be the list has just a few and their views will be captured in a different forum before the bill moves to the next stage? Perhaps it would have been more interactive if we got various views from the people this bill is meant to address directly. Lydia Grace Githaiga <ggithaiga@hotmail.com> Sent by: kictanet-bounces+lydia.gachungi=unesco.unon.org@lists.kictanet.or.ke 02/02/2011 05:02 AM To Lydia <lydia.gachungi@unesco.unon.org> cc kictanet@lists.kictanet.or.ke Subject Re: [kictanet] Media council Draft bill 2010 (Day Eight--Code of Conduct/Wrapping up) Hey People, I realize you got diverted by the internet price issue and the prime time data. And ofcourse Egypt is huge on the agenda. But may I please beg you to just for today give us comments on the last part of the Bill namely the Code of Conduct? We have amended the programme and we will focus our debate on this issue, and then leave tomorrow free for people to raise concerns that they would probably like included in the Bill. And on our final day (Friday), we will provide you with a summary of issues we have agreed on, and those that need further debate. And now to today?s debate: The Code of Conduct and Practice of Journalism covers all aspects for journalism from accuracy and fairness to hate speech. It has 25 articles some which may need further debate for example article 2 on Independence where in (f) that a journalist should refuse to allow the interests of ownership or management to influence news? judgment and content inappropriately, and article16 on financial journalism. Now, different media houses have own codes of practice. This then leads us to our questions today. 1. Should the MCK Code be made the minimum Code that each Media House should subscribe to? 2. And if so, in what way(s) would media houses be made to comply? And finally, the Bill has no transition clause. Could we have a suggestion on the text? Please talk to us. Have a good day. Rgds Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World! _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: lydia.gachungi@unesco.unon.org Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/lydia.gachungi%40unesco...
participants (7)
-
Alice Munyua -
Edwin Onchari -
Grace Githaiga -
k.k. ombati -
Lydia Gachungi -
McTim -
toby＠law-democracy.org