--- On Tue, 1/13/09, Jotham Kilimo Mwale <jokilimo@yahoo.com> wrote: From: Jotham Kilimo Mwale <jokilimo@yahoo.com> Subject: Re: [kictanet] Broadcast/Media Section:-What are the good Aspects?-1day To: "Faima Basly" <basly1@hotmail.com> Cc: kictanet@lists.kictanet.or.ke Date: Tuesday, January 13, 2009, 10:50 PM Section 46(H) concerned with the Commission prescribing programme code seems to me a good aspect. The positive aspect is that this section allows the Media to self-regulate in programming (see paragraph after 46(H)(d)) and the Commission will only come in if a media house is not part of this self-regulation mechanism. It is true the paragraph states that the Commission must approve the self-regulation mechanisms by the media but I do not see what is wrong with that. The argument that the Commission is not 'independent' and hence can be influenced by politicians (against who?) does not hold much water because the media is also not independent and has been influenced by the politicians (profits, etc) in the past, and it can happen in the future.   In my opinion, the media have been given an opportunity to self-regulate through the Media Council of Kenya, but they have shown they are incapable or not willing to do it. A good example is during the campaign period in 2007 when the political parties came up with 'ugly' advertisements in which they tore into each other in undignified manner. The Media Council did nothing and credit goes to one media house (Nation) that chose not to air such content on their frequencies. This Act, and sections 46(H) and (I) in particular, ensures that in future all media houses will behave like the media house quoted above, self-regulate by conforming to an accepted standard in the society.   Regards,   Jotham       --- On Mon, 1/12/09, Faima Basly <basly1@hotmail.com> wrote: From: Faima Basly <basly1@hotmail.com> Subject: Re: [kictanet] Broadcast/Media Section:-What are the good Aspects?-1day To: jokilimo@yahoo.com Cc: kictanet@lists.kictanet.or.ke Date: Monday, January 12, 2009, 12:20 PM #yiv367681158 #yiv150853050 .hmmessage P { margin:0px;padding:0px;} #yiv367681158 #yiv150853050 { font-size:10pt;font-family:Verdana;} #yiv367681158 #yiv150853050 .hmmessage P {margin:0px;padding:0px;} #yiv367681158 #yiv150853050 {font-size:10pt;font-family:Verdana;} Mr Walu, I would like to comment on the on this part, For me if the government is serious about a programming code then they must be reasonable about its implementation. It has to be a preventative approach not a punitive one. There are two sides to this coin I suspect the challenge that the media may be reacting to in the fact that the regulator/MinICT has not outlined the standards that will be used to determine appropriateness of content to be aired. so fear, masked as loss of control is driving the emotions through the depleted Ozone layer. By now direction on acceptable pre-watershed standards - attire, storylines, values, genres etc should be published for there to be meaningful debate. We are largely watching programing that is produced in the west and aired at the same time as we air it here, we are making noise because its not a cultural fit. So where are guidelines that follow our own cultures that will determine foreign content on our local TV stations? In any case if it isnt good for the young ones why should it be okay for adults? whats morally eroding for children is morally eroding for adults,I dare say. One side of the coin to me, is one of personal choice, if one feels the program is not age appropriate why is the TV on? Switch it off until news time, so why are we blaming the media, its only out to lure viewwership and make money? Dont get lured . Why does a regulator or government feel the need to exercise moral authority? Will the regulator also Monitor cable and Digital TV showing locally? . Its on kenyan airwaves in kenyan homes watched by kenyan families..The principle will have to be the same. Will there be regulation for Video and DVD libraries - or is it a question of choice to pick porn as opposed to a national geographic DVD? is this not the same as the home TV which one paid for? The other side of the coin, TV stations get into contracts that are worth millions of shillings to secure programming that is competitive and will pull and sustain a certain calibre of viewership which in turn they sell to their advertisers. They also commit way in advance for said programs and cannot wake up and cancel their contracts. It would not suprise me if what is being aired today was committed to in 2007. so there is a real potential loss of money here. Ofcourse they will cry foul. The media has itself to blame as competitiveness for viewership kept raising the bar ... Factors of influence fall far outside the TV nowadays - lets regulate Magazines too while we are at it, novels, PSP's ( lots of violent programs), Music videos, Toys ( have you seen how they dress barbie dolls nowadays?), games etc. The task of creating a programming code is noble indeed, however it will be prepared by humans with varying degrees of socio-cultural influences and it will be interesting to see the rationales behind the programming codes that are set and most important how they will be upheld reasonably without pulling media licenses and cutting programming half way. Engage the media and other stakeholders fully on this process and sanity will prevail. Ms Basly

Date: Mon, 12 Jan 2009 01:46:31 -0800 From: jwalu@yahoo.com Subject: Re: [kictanet] Broadcast/Media Section:-What are the good Aspects?-1day CC: kictanet@lists.kictanet.or.ke To: basly1@hotmail.com

Folks,

I know alot has been shared. But no harm reminding us what is good about this Act - under the Broadcast/Media section. My assumption is members have had a chance to go through the enacted amendments - I must admit it is not easy - one must have the relevant Policy, Bill and the Amended Act together.

However, one easy thing I noted is the bit about the Programming Code - something that tries to regulate what is broadcasted on Radio, TV and on Internet ( the .ke internet I presume). I find this might be a good point to try and bring sanity in terms of reducing the current pornographic bias on our airwaves.

What do the others feel? Particularly those stakeholders whom am informed are just be coming out of the 1st Consultative Meeting at Serena Hotel this morning? (which incidentally shall reconvene on Thrs 15th Jan 2009 at 11am)

Any comments? walu.

--- On Mon, 1/12/09, John Walubengo <jwalu@yahoo.com> wrote:

...

From: John Walubengo <jwalu@yahoo.com> Subject: [kictanet] Online Discussion- Broadcast/Media Section:-What are the good Aspects?-1day To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Monday, January 12, 2009, 9:11 AM Kenya Communicatoin 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.

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