Dr Ndemo, Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to “our right to know”? I’ve carefully read through these sections of the bill and have some comments: 1. Apart from the gender Insensitivity of this clause “46Q b) that person provides broadcasting services in an area for which HE is not licensed to broadcast;”, I’ve some substantive comments here below: 2. Section “46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part. Comment: I worry about the unspecified powers to prescribe content and “anything that may be prescribed” by the Minister – given our past, what are the implications?. who makes regulation? Minister or Regulator? 3. section “46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act.” Comment – might this limit creativity and public opinion type programming that allows free speech? I’ve concerns about this section below: 4. Section “88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct.” Comment: what constitutes “interest of public safety and tranquillity” – this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their “right to know” and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause? Lets remember that these laws will not only serve today but future generations with different leaders. Edith
Dear Edith, The gender thing we may have borrowed from the Bible. Thanks for your comments. I am sure you know that policy and legal frameworks are products of stakeholders. The Commission or the Minister cannot wake up and gazzetes regulations that have not been discussed by stakeholders. The role of the Minister here is to be able to gazzette subsidiary legislations like the regulation code. We must have that window in the law considering the fact that technology changes fast in this industry. I will post the proposed code. In terms of content, CCK will only be mandated again after consultation with stakeholders give these guidelines in order to protect consumers from harmful material as it relates to public morality. Please read sec. 79 of the consititution in terms of limitations of freedom. As fo sec. 88. You know my views. Regards Ndemo.
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to our right to know?
Ive carefully read through these sections of the bill and have some comments:
1. Apart from the gender Insensitivity of this clause 46Q b) that person provides broadcasting services in an area for which HE is not licensed to broadcast;, Ive some substantive comments here below:
2. Section 46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part.
Comment: I worry about the unspecified powers to prescribe content and anything that may be prescribed by the Minister given our past, what are the implications?. who makes regulation? Minister or Regulator?
3. section 46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act.
Comment might this limit creativity and public opinion type programming that allows free speech?
Ive concerns about this section below:
4. Section 88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct.
Comment: what constitutes interest of public safety and tranquillity this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their right to know and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith ---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
Dr. Ndemo, seeing our response now, my question is why is the process not eshrine in the legislation because for me, the process is a determinant of the outcome. For example, if the Minister makes a legislation by himself, it would be different from when he consults with the stakeholder community. Eric here On 16 Dec 2008, at 07:31, bitange@jambo.co.ke wrote:
Dear Edith, The gender thing we may have borrowed from the Bible. Thanks for your comments. I am sure you know that policy and legal frameworks are products of stakeholders. The Commission or the Minister cannot wake up and gazzetes regulations that have not been discussed by stakeholders. The role of the Minister here is to be able to gazzette subsidiary legislations like the regulation code. We must have that window in the law considering the fact that technology changes fast in this industry. I will post the proposed code.
In terms of content, CCK will only be mandated again after consultation with stakeholders give these guidelines in order to protect consumers from harmful material as it relates to public morality. Please read sec. 79 of the consititution in terms of limitations of freedom.
As fo sec. 88. You know my views.
Regards
Ndemo.
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to “our right to know”?
I’ve carefully read through these sections of the bill and have some comments:
1. Apart from the gender Insensitivity of this clause “46Q b) that person provides broadcasting services in an area for which HE is not licensed to broadcast;”, I’ve some substantive comments here below:
2. Section “46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part.
Comment: I worry about the unspecified powers to prescribe content and “anything that may be prescribed” by the Minister – given our past, what are the implications?. who makes regulation? Minister or Regulator?
3. section “46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act.”
Comment – might this limit creativity and public opinion type programming that allows free speech?
I’ve concerns about this section below:
4. Section “88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct.”
Comment: what constitutes “interest of public safety and tranquillity” – this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their “right to know” and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith ---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
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Eric M.K Osiakwan Director Internet Research www.internetresearch.com.gh emko@internetresearch.com.gh 42 Ring Road Central, Accra-North Tel: +233.21.258800 ext 7031 Fax: +233.21.258811 Cell: +233.24.4386792
Dr Ndemo, My bible must be different from yours. Thanks for the clarifications on those 2 clauses - it might help to indicate this consultation as it's missing. I'm not sure I know your views on section 88? Not been around. Edith ________________________________________ From: bitange@jambo.co.ke [bitange@jambo.co.ke] Sent: 16 December 2008 07:31 To: Edith Adera Cc: bitange@jambo.co.ke; KICTAnet ICT Policy Discussions Subject: Re: Comments on Bill Posted Online Dear Edith, The gender thing we may have borrowed from the Bible. Thanks for your comments. I am sure you know that policy and legal frameworks are products of stakeholders. The Commission or the Minister cannot wake up and gazzetes regulations that have not been discussed by stakeholders. The role of the Minister here is to be able to gazzette subsidiary legislations like the regulation code. We must have that window in the law considering the fact that technology changes fast in this industry. I will post the proposed code. In terms of content, CCK will only be mandated again after consultation with stakeholders give these guidelines in order to protect consumers from harmful material as it relates to public morality. Please read sec. 79 of the consititution in terms of limitations of freedom. As fo sec. 88. You know my views. Regards Ndemo.
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to “our right to know”?
I’ve carefully read through these sections of the bill and have some comments:
1. Apart from the gender Insensitivity of this clause “46Q b) that person provides broadcasting services in an area for which HE is not licensed to broadcast;”, I’ve some substantive comments here below:
2. Section “46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part.
Comment: I worry about the unspecified powers to prescribe content and “anything that may be prescribed” by the Minister – given our past, what are the implications?. who makes regulation? Minister or Regulator?
3. section “46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act.”
Comment – might this limit creativity and public opinion type programming that allows free speech?
I’ve concerns about this section below:
4. Section “88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct.”
Comment: what constitutes “interest of public safety and tranquillity” – this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their “right to know” and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith ---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
---------------------------------------------- This message has been scanned for viruses and dangerous content by Jambo MailScanner, and is believed to be clean. --------------------------------------------- "easy access to the world"
Dr. ndemo, if you may, i would insert my comments under Edith's below; On 16 Dec 2008, at 02:22, Edith Adera wrote: > Dr Ndemo, > > Thanks for posting excerpts of the bill online (sections 46 and > 88). We should actually have the FULL version of the bill (as > presented to parliament) available online, although this would be > accessible to the privileged with Internet access how about the > masses? What happened to “our right to know”? > > I’ve carefully read through these sections of the bill and have > some comments: > > 1. Apart from the gender Insensitivity of this clause “46Q b) that > person provides broadcasting services in an area for which HE is > not licensed to broadcast;”, I’ve some substantive comments here > below: > > 2. Section “46K The Minister may, in consultation with the > Commission, make regulations generally with respect to all > broadcasting services and without prejudice to the generality of > the foregoing, with respect to- (c) mandating the carriage of > content, in keeping with public interest obligations, across > licensed broadcasting services; (d) prescribing anything that may > be prescribed under this Part. > > Comment: I worry about the unspecified powers to prescribe content > and “anything that may be prescribed” by the Minister – given our > past, what are the implications?. who makes regulation? Minister or > Regulator? 1. I fear that it is the Minister's perogtive to make regulations, with no offense to the sitting minister but thats very dangerous. We have all agreed that the making of policy and instituion of regulations MUST be consultative involving all the necessary stakeholders. More importantly, such must also consult with "specialise knowledge" in that field of the policy or regulation. 2. The fact that Minister "MAY" consult the regulator is not only insufficient but autocratic, where did democracy go? (Please excuse my expression). 3. "mandating the carriage of content" - now we all know that technology is advancing at the speed of light so for the minister to have something to do with the medium fo delivery can be counter productive. > > 3. section “46H (1) The Commission shall have the power to set > standards for the manner, time, and type of programmes to be > broadcast by licensees under this Act.” > > Comment – might this limit creativity and public opinion type > programming that allows free speech? 1. Commissions dont set standards, standards are developed through consultative processes and in this case powers arrogated to the commission is almost limitless. May be you want to discribe how this standards are set? > > I’ve concerns about this section below: > > 4. Section “88.(1) On the declaration of any public emergency or in > the interest of public safety and tranquility, the Minister for the > time being responsible for Internal Security may, by order in > writing, direct any officer duly authorized in that behalf, to take > temporary possession of any telecommunication apparatus or any > radio communication station or apparatus within Kenya, and – > (b) in the case of telecommunication, that any communication within > Kenya from any person or class of persons relating to any > particular subject shall be intercepted and disclosed to such > person as may be specified in the direction; > (c) in the case of postal services, that any postal article or > class or description or postal article in the course of > transmission by post within Kenya shall be intercepted or detained > or shall be delivered to any officer mentioned in the order or > shall be disposed of in such manner as the Minister may direct.” > > Comment: what constitutes “interest of public safety and > tranquillity” – this is subject to abuse and personal discretion. > It worries me that free speech could be limited and privacy > preached on any subject – e.g. complaining about high fuel costs, > food crisis, impunity etc etc. I do not know about you, but the > last ban on live coverage created a sense of personal insecurity, > isolation and denied persons their “right to know” and the > subsequent threats of prosecution did not make things any better. > What are the chances of abuse in this clause? 1. Why is the first reaction, "to take temporary possession of any telecommunication apparatus or any readio communication station" and not warn in writing or some form or any other "civilised" form of curtailing? Eric here > > Lets remember that these laws will not only serve today but future > generations with different leaders. > > Edith > _______________________________________________ > kictanet mailing list > kictanet@lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > This message was sent to: emko@internetresearch.com.gh > Unsubscribe or change your options at http://lists.kictanet.or.ke/ > mailman/options/kictanet/emko%40internetresearch.com.gh > Eric M.K Osiakwan Director Internet Research www.internetresearch.com.gh emko@internetresearch.com.gh 42 Ring Road Central, Accra-North Tel: +233.21.258800 ext 7031 Fax: +233.21.258811 Cell: +233.24.4386792
I probably come in late to the foray of the discussion, but am not in the country and could not get my hands on the right copy. Thanks for posting it online Dr. Ndemo and team. My comments to the bill and as also assisted a legal friend, 1. This is not a media bill as many have led everyone to believe. It is a Kenya Communications (Amendment) Bill 2008. 2. The bill proposes to amend the Kenya Communications Act 1998 as hereunder (this is in a nutshell of course): 1. Enhancing the regulatory mandate by allowing for the regulation of broadcasting content (this covers only electronic media and not print media) 2. Providing for the recognition and licensing of a ccTLD registrar 3. Providing recognition for electronic transactions including e-contracting, digital signatures as well as propose amendments to existing legislation e.g. the evidence act allowing for submission of digital copies evidence, recognition of e-crimes in the penal code etc. The bill mentions nothing, as far as the government shutting down media freedoms is concerned. What the media are up in arms about and misleading every right-thinking Kenyan is the provisions of the current section 88 of the Kenya Communications Act, which provides for the powers of the minister for internal security on the occurrence of any public emergency or in the interest of public safety and tranquility. The section allows the minister to take temporary possession of any telecommunications or radio communications apparatus on the occurrence of such an emergency. This action by the Minister is only allowed pending the existence of the emergency. It also provides that any person aggrieved by the actions of the minister herein may appeal to the High Court and obtain compensation the refrom. So the draft amendment bill does not mention anything about section 88, i.e.. it is not being amended. THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT SECTION 88 IN THE CURRENT COMMUNICATIONS ACT INCLUDED IN THE COMMUNICAITONS AMMENDED BILL? IF SO, SHOULD SECTION 88 BE DELETED OR CHANGED? Of course the debate as to whether it should be deleted is ongoing, and the media are no exemption. But this is a saving provision of any communication regulation legislation to allow Government to take steps to deal effectively with the emergency or alternatively stop such networks being used incase of an insurgency in a country etc. (No doubt of course the debate rages on because history has evidenced the tendencies/choices made by African governments) What is evident is that there is a notion that the current communications amendment bill includes section 88, which currently is in the communications Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL. I agree with a live television broadcast if only to explain what it is and what it is not AND probably allow the debate to really take place country wide as it should have prior to it going to parliament. PS: (I hope its aired on NTV OR KTN for those of us not in the country and can only access it via DSTV NTV OR KTN). Best regards, Dr. Monica Kerretts-Makau On 16/12/08 2:22 AM, "Edith Adera" <eadera@idrc.or.ke> wrote:
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to ³our right to know²?
I¹ve carefully read through these sections of the bill and have some comments:
1. Apart from the gender Insensitivity of this clause ³46Q b) that person provides broadcasting services in an area for which HE is not licensed to broadcast;², I¹ve some substantive comments here below:
2. Section ³46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part.
Comment: I worry about the unspecified powers to prescribe content and ³anything that may be prescribed² by the Minister given our past, what are the implications?. who makes regulation? Minister or Regulator?
3. section ³46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act.²
Comment might this limit creativity and public opinion type programming that allows free speech?
I¹ve concerns about this section below:
4. Section ³88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct.²
Comment: what constitutes ³interest of public safety and tranquillity² this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their ³right to know² and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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.............................. ³As we look ahead into the future, Leaders will be those who empower others² Bill Gates E-environment cost saving: Please print this email and or any attachment only if you have to.
Good points Word has it that the live debate @ NTV has been cancelled. Could Ndemo confirm this for us? Is it true that the Minister pulled out? Wainaina On Thu, Dec 18, 2008 at 4:48 PM, Monica Kerretts-Makau <mkmakau@yahoo.co.uk>wrote:
I probably come in late to the foray of the discussion, but am not in the country and could not get my hands on the right copy. Thanks for posting it online Dr. Ndemo and team. My comments to the bill and as also assisted a legal friend,
1. This is not a media bill as many have led everyone to believe. It is a Kenya Communications (Amendment) Bill 2008.
2. The bill proposes to amend the Kenya Communications Act 1998 as hereunder (this is in a nutshell of course):
1. Enhancing the regulatory mandate by allowing for the regulation of broadcasting content (this covers only electronic media and not print media)
2. Providing for the recognition and licensing of a ccTLD registrar
3. Providing recognition for electronic transactions including e-contracting, digital signatures as well as propose amendments to existing legislation e.g. the evidence act allowing for submission of digital copies evidence, recognition of e-crimes in the penal code etc.
The bill mentions nothing, as far as the government shutting down media freedoms is concerned.
What the media are up in arms about and misleading every right-thinking Kenyan is the provisions of the current section 88 of the Kenya Communications Act, which provides for the powers of the minister for internal security on the occurrence of any public emergency or in the interest of public safety and tranquility.
The section allows the minister to take temporary possession of any telecommunications or radio communications apparatus on the occurrence of such an emergency. This action by the Minister is only allowed pending the existence of the emergency. It also provides that any person aggrieved by the actions of the minister herein may appeal to the High Court and obtain compensation the refrom.
*So the draft amendment bill does not mention anything about section 88, i.e. it is not being amended.*
*THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT SECTION 88 IN THE CURRENT COMMUNICATIONS ACT INCLUDED IN THE COMMUNICAITONS AMMENDED BILL? IF SO, SHOULD SECTION 88 BE DELETED OR CHANGED? * Of course the debate as to whether it should be deleted is ongoing, and the media are no exemption. But this is a saving provision of any communication regulation legislation to allow Government to take steps to deal effectively with the emergency or alternatively stop such networks being used incase of an insurgency in a country etc. (No doubt of course the debate rages on because history has evidenced the tendencies/choices made by African governments)
*What is evident is that there is a notion that the current communications amendment bill includes section 88, which currently is in the communications Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL. *
I agree with a live television broadcast *if only to explain what it is and what it is not *AND probably allow the debate to really take place country wide as it should have prior to it going to parliament. * PS: (*I hope its aired on NTV OR KTN for those of us not in the country and can only access it via DSTV NTV OR KTN).
Best regards,
Dr. Monica Kerretts-Makau
On 16/12/08 2:22 AM, "Edith Adera" <eadera@idrc.or.ke> wrote:
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to "our right to know"?
I've carefully read through these sections of the bill and have some comments:
1. Apart from the gender Insensitivity of this clause "46Q b) that person
provides broadcasting services in an area for which HE is not licensed to
broadcast;", I've some substantive comments here below:
2. Section "46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part.
Comment: I worry about the unspecified powers to prescribe content and "anything that may be prescribed" by the Minister – given our past, what are the implications?. who makes regulation? Minister or Regulator?
3. section "46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act."
Comment – might this limit creativity and public opinion type programming that allows free speech?
I've concerns about this section below:
4. Section "88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct."
Comment: what constitutes "interest of public safety and tranquillity" – this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their "right to know" and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: mkmakau@yahoo.co.uk Unsubscribe or change your options at
http://lists.kictanet.or.ke/mailman/options/kictanet/mkmakau%40yahoo.co.uk
.............................. "*As we look ahead into the future, Leaders will be those who empower others" Bill Gates E-environment cost saving: Please print this email and or any attachment only if you have to. *
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Dear Friends, I wish to all of you and to your families Merry Christmas and Happy New Year. I wish also health and fruitful New Year. Best regards Waudo
Dear Colleague, Seasons greetings from the Kenya BPO & Contact Centre Society. As 2008Draws to an end, we want to take this opportunity to recap on the progress the Society has made during the 2008 year. 1. Marketing and PR. · The marketing and PR Committee drafted a 3 year marketing and PR strategy that will aim at positioning Kenya as a preferred outsourcing destination. Aware of the fact that as a country we face stiff competition from Mauritius, S. Africa and Egypt, the strategy aims to give Kenya a competition edge over these countries. · KBPOCCS also launched the “Outsource2Kenya” Brand on the Month of October which will be used in marketing communications, provide an online platform for outsourcers to place their tenders, Bid for outsourcing tenders and get information on latest industry news. Log on to www.outsource2kenya.co.ke · KBPOCCS played an integral role in organizing Kenya's participation at the recently concluded Call Centre Expo in Birmingham. There was keen interest in offshoring to Kenya, by several large UK corporations such as; Cisco, Barclays UK, Capital Finance among others . The BPO Society is following up on these. The Society also referred interested outsourcers to our website where all our corporate members are listed, so they can get in contact with BPO's in Kenya whom they can discuss the possibilities of outsourcing. · The Marketing Committee has identified some key events for marketing Kenya over the next twelve months. · The Society is developing initiatives to kick start the Domestic Outsourcing industry in Kenya. · Organized one to one meetings with two potential outsourcers who had a chance to visit some of the Local BPO’s and Call Centres. Planned activities for the coming year that will actively involve raising International and Local awareness of Kenya as an offshore call centre destination will consist of; 1. Organizing and Attending International Exhibitions, Conferences and Workshops in regards to BPO and Contact Centre 2. One to One meetings with potential outsourcers 3. Advertising in international trade press 4. Media publicity in both local and international media 5. Knowledge series seminars targeted at various decision makers in the Kenyan Corporate scene. 6. Organizing and facilitating events such as; Entrepreneurship seminars, Training workshops etc. 7. Lobbying Government agencies and Ministries. 8. Joint Venture partnerships with international firms interested in outsourcing deals with Kenya. 2. 2. Training. * The Training Committee of the KBPOCCS has completed developing a Training Competency Framework in order to establish and enforce internationally recognized certifications and skills in the industry. It will be officially launched in the first quarter of 2009. * This will not only be a selling point for Kenya, both among local and international players, but will position the society as the first stop for information concerning accredited training institutions and human resource capacity in this sector. The Training Competency Framework has been aligned with existing International competency frameworks. To achieve this objective, the Training Committee plans to carry out the following activities: 1) Develop a draft TCF for Kenya adapted from internationally recognized certifying bodies 2) Hold a 3-day retreat to review the draft TCF and provide input 3) Review the curriculum currently being offered by BPO/CC training institutions in Kenya and attempt to align this with the draft Kenya Competency Framework; 4) Launch of the TCF 5) Develop a strategy for marketing the TCF to the industry stakeholders 6) Develop a TCF enforcement strategy in conjunction with the Ministry of Higher Education and conduct impact assessments 7) Conduct an assessment of Kenyan organizations to find out the skills/knowledge required for employees to excel in this industry 8) Hold 2 public forums targeting the youth (seeking training) and employers, to educate them of the TCF and present a list of institutions offering certified courses 9) Develop a database of certified personnel, in conjunction with accredited institutions 3. 3. Standards & Ethics. · The KBPOCCS officially launched the Standards and Ethics Draft document in July 2008 with an aim of establishing high standards of ethical business practices. · These standards will ensure that the Country builds a highly skilled workforce for delivering superior customer experiences that will reinforce the brand value. The Society is collaborating with various government agencies as well as strategic international partnerships to ensure that Kenya develops world class standards. · With the above in mind, strict follow up procedures and processes will have to be put in place to monitor the progress of the above mentioned. 4. Other Notable Developments · KBPOCCS successfully lobbied The Communications Commission of Kenya (CCK) to reduce the BPO lincense fee from Kshs. 100,000 to Kshs. 10,000. · The KBPOCCS, through constant lobbying to the Government, Kenya ICT Board managed to secure Bandwidth subsidy support that will aim at cushioning the cost of Bandwidth in the country until the fibre optic cable project is complete. THANK YOU for a wonderful and very exciting year. We hope you will to continue being active participants in this growing industry. On behalf of the Chair of the Kenya BPO & Contact Centre Society and the Executive Board, we wish you all HAPPY HOLIDAYS and a WONDERFUL & PROSPEROUS 2009 Kind Regards, Joseph Ochola Executive Officer Kenya BPO & Contact Centre Society. Studio House, along Argwings Kodhek road, 2nd floor E-mail: secretariat@kenyabposociety.or.ke Website: www.kenyabposociety.or.ke Tel. No. /020-2391301/ 0722-663176/ 0733-917518
Am not sure if the above happened...but someone has referred me to the analysis from our very own Govt Spokesman - probably what the Minister/PS whould have presented as the alternative view. Download and enjoy? http://www.communication.go.ke/documents/media_bill_2008_comparisons.pdf walu. --- On Thu, 12/18/08, Wainaina Mungai <wainaina@madeinkenya.org> wrote:
From: Wainaina Mungai <wainaina@madeinkenya.org> Subject: Re: [kictanet] Comments on Bill Posted Online To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, December 18, 2008, 6:05 PM Good points
Word has it that the live debate @ NTV has been cancelled.
Could Ndemo confirm this for us?
Is it true that the Minister pulled out?
Wainaina
On Thu, Dec 18, 2008 at 4:48 PM, Monica Kerretts-Makau <mkmakau@yahoo.co.uk>wrote:
I probably come in late to the foray of the discussion, but am not in the country and could not get my hands on the right copy. Thanks for posting it online Dr. Ndemo and team. My comments to the bill and as also assisted a legal friend,
1. This is not a media bill as many have led everyone to believe. It is a Kenya Communications (Amendment) Bill 2008.
2. The bill proposes to amend the Kenya Communications Act 1998 as hereunder (this is in a nutshell of course):
1. Enhancing the regulatory mandate by allowing for the regulation of broadcasting content (this covers only electronic media and not print media)
2. Providing for the recognition and licensing of a ccTLD registrar
3. Providing recognition for electronic transactions including e-contracting, digital signatures as well as propose amendments to existing legislation e.g. the evidence act allowing for submission of digital copies evidence, recognition of e-crimes in the penal code etc.
The bill mentions nothing, as far as the government shutting down media freedoms is concerned.
What the media are up in arms about and misleading every right-thinking Kenyan is the provisions of the current section 88 of the Kenya Communications Act, which provides for the powers of the minister for internal security on the occurrence of any public emergency or in the interest of public safety and tranquility.
The section allows the minister to take temporary possession of any telecommunications or radio communications apparatus on the occurrence of such an emergency. This action by the Minister is only allowed pending the existence of the emergency. It also provides that any person aggrieved by the actions of the minister herein may appeal to the High Court and obtain compensation the refrom.
*So the draft amendment bill does not mention anything about section 88, i.e. it is not being amended.*
*THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT SECTION 88 IN THE CURRENT COMMUNICATIONS ACT INCLUDED IN THE COMMUNICAITONS AMMENDED BILL? IF SO, SHOULD SECTION 88 BE DELETED OR CHANGED? * Of course the debate as to whether it should be deleted is ongoing, and the media are no exemption. But this is a saving provision of any communication regulation legislation to allow Government to take steps to deal effectively with the emergency or alternatively stop such networks being used incase of an insurgency in a country etc. (No doubt of course the debate rages on because history has evidenced the tendencies/choices made by African governments)
*What is evident is that there is a notion that the current communications amendment bill includes section 88, which currently is in the communications Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL. *
I agree with a live television broadcast *if only to explain what it is and what it is not *AND probably allow the debate to really take place country wide as it should have prior to it going to parliament. * PS: (*I hope its aired on NTV OR KTN for those of us not in the country and can only access it via DSTV NTV OR KTN).
Best regards,
Dr. Monica Kerretts-Makau
On 16/12/08 2:22 AM, "Edith Adera" <eadera@idrc.or.ke> wrote:
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to "our right to know"?
I've carefully read through these sections of the bill and have some comments:
1. Apart from the gender Insensitivity of this clause "46Q b) that person
provides broadcasting services in an area for which HE is not licensed to
broadcast;", I've some substantive comments here below:
2. Section "46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part.
Comment: I worry about the unspecified powers to prescribe content and "anything that may be prescribed" by the Minister – given our past, what are the implications?. who makes regulation? Minister or Regulator?
3. section "46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act."
Comment – might this limit creativity and public opinion type programming that allows free speech?
I've concerns about this section below:
4. Section "88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct."
Comment: what constitutes "interest of public safety and tranquillity" – this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their "right to know" and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke
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Methinks it did. check out http://alkags.com/?p=172 Brian On Fri, Dec 19, 2008 at 1:32 PM, John Walubengo <jwalu@yahoo.com> wrote:
Am not sure if the above happened...but someone has referred me to the analysis from our very own Govt Spokesman - probably what the Minister/PS whould have presented as the alternative view. Download and enjoy?
http://www.communication.go.ke/documents/media_bill_2008_comparisons.pdf
walu.
--- On Thu, 12/18/08, Wainaina Mungai <wainaina@madeinkenya.org> wrote:
From: Wainaina Mungai <wainaina@madeinkenya.org> Subject: Re: [kictanet] Comments on Bill Posted Online To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, December 18, 2008, 6:05 PM Good points
Word has it that the live debate @ NTV has been cancelled.
Could Ndemo confirm this for us?
Is it true that the Minister pulled out?
Wainaina
On Thu, Dec 18, 2008 at 4:48 PM, Monica Kerretts-Makau <mkmakau@yahoo.co.uk>wrote:
I probably come in late to the foray of the discussion, but am not in the country and could not get my hands on the right copy. Thanks for posting it online Dr. Ndemo and team. My comments to the bill and as also assisted a legal friend,
1. This is not a media bill as many have led everyone to believe. It is a Kenya Communications (Amendment) Bill 2008.
2. The bill proposes to amend the Kenya Communications Act 1998 as hereunder (this is in a nutshell of course):
1. Enhancing the regulatory mandate by allowing for the regulation of broadcasting content (this covers only electronic media and not print media)
2. Providing for the recognition and licensing of a ccTLD registrar
3. Providing recognition for electronic transactions including e-contracting, digital signatures as well as propose amendments to existing legislation e.g. the evidence act allowing for submission of digital copies evidence, recognition of e-crimes in the penal code etc.
The bill mentions nothing, as far as the government shutting down media freedoms is concerned.
What the media are up in arms about and misleading every right-thinking Kenyan is the provisions of the current section 88 of the Kenya Communications Act, which provides for the powers of the minister for internal security on the occurrence of any public emergency or in the interest of public safety and tranquility.
The section allows the minister to take temporary possession of any telecommunications or radio communications apparatus on the occurrence of such an emergency. This action by the Minister is only allowed pending the existence of the emergency. It also provides that any person aggrieved by the actions of the minister herein may appeal to the High Court and obtain compensation the refrom.
*So the draft amendment bill does not mention anything about section 88, i.e. it is not being amended.*
*THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT SECTION 88 IN THE CURRENT COMMUNICATIONS ACT INCLUDED IN THE COMMUNICAITONS AMMENDED BILL? IF SO, SHOULD SECTION 88 BE DELETED OR CHANGED? * Of course the debate as to whether it should be deleted is ongoing, and the media are no exemption. But this is a saving provision of any communication regulation legislation to allow Government to take steps to deal effectively with the emergency or alternatively stop such networks being used incase of an insurgency in a country etc. (No doubt of course the debate rages on because history has evidenced the tendencies/choices made by African governments)
*What is evident is that there is a notion that the current communications amendment bill includes section 88, which currently is in the communications Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL. *
I agree with a live television broadcast *if only to explain what it is and what it is not *AND probably allow the debate to really take place country wide as it should have prior to it going to parliament. * PS: (*I hope its aired on NTV OR KTN for those of us not in the country and can only access it via DSTV NTV OR KTN).
Best regards,
Dr. Monica Kerretts-Makau
On 16/12/08 2:22 AM, "Edith Adera" <eadera@idrc.or.ke> wrote:
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as presented to parliament) available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to "our right to know"?
I've carefully read through these sections of the bill and have some comments:
1. Apart from the gender Insensitivity of this clause "46Q b) that person
provides broadcasting services in an area for which HE is not licensed to
broadcast;", I've some substantive comments here below:
2. Section "46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d) prescribing anything that may be prescribed under this Part.
Comment: I worry about the unspecified powers to prescribe content and "anything that may be prescribed" by the Minister – given our past, what are the implications?. who makes regulation? Minister or Regulator?
3. section "46H (1) The Commission shall have the power to set standards for the manner, time, and type of programmes to be broadcast by licensees under this Act."
Comment – might this limit creativity and public opinion type programming that allows free speech?
I've concerns about this section below:
4. Section "88.(1) On the declaration of any public emergency or in the interest of public safety and tranquility, the Minister for the time being responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary possession of any telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication, that any communication within Kenya from any person or class of persons relating to any particular subject shall be intercepted and disclosed to such person as may be specified in the direction; (c) in the case of postal services, that any postal article or class or description or postal article in the course of transmission by post within Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct."
Comment: what constitutes "interest of public safety and tranquillity" – this is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of personal insecurity, isolation and denied persons their "right to know" and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke
http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: mkmakau@yahoo.co.uk Unsubscribe or change your options at
http://lists.kictanet.or.ke/mailman/options/kictanet/mkmakau%40yahoo.co.uk
.............................. "*As we look ahead into the future, Leaders will
be those who empower
others" Bill Gates E-environment cost saving: Please print this email and or any attachment only if you have to. *
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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TWITTER - http://www.twitter.com/bungesms
KABISSA.org - http://www.kabissa.org/about/news/member-spotlight-made-kenya-network
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http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaN...
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Looks like I missed it - any chance that the clip is online somewhere? On YouTube maybe? or somewhere else? walu. --- On Fri, 12/19/08, Brian Longwe <blongwe@gmail.com> wrote:
From: Brian Longwe <blongwe@gmail.com> Subject: Re: [kictanet] Did the ICT Bill debate happen? To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Friday, December 19, 2008, 2:34 PM Methinks it did.
check out http://alkags.com/?p=172
Brian
On Fri, Dec 19, 2008 at 1:32 PM, John Walubengo <jwalu@yahoo.com> wrote:
Am not sure if the above happened...but someone has referred me to the analysis from our very own Govt Spokesman - probably what the Minister/PS whould have presented as the alternative view. Download and enjoy?
http://www.communication.go.ke/documents/media_bill_2008_comparisons.pdf
walu.
--- On Thu, 12/18/08, Wainaina Mungai
<wainaina@madeinkenya.org> wrote:
From: Wainaina Mungai
Subject: Re: [kictanet] Comments on Bill Posted Online To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, December 18, 2008, 6:05 PM Good points
Word has it that the live debate @ NTV has been cancelled.
Could Ndemo confirm this for us?
Is it true that the Minister pulled out?
Wainaina
On Thu, Dec 18, 2008 at 4:48 PM, Monica Kerretts-Makau <mkmakau@yahoo.co.uk>wrote:
I probably come in late to the foray of the discussion, but am not in the country and could not get my hands on
copy. Thanks for posting
it online Dr. Ndemo and team. My comments to the bill and as also assisted a legal friend,
1. This is not a media bill as many have led everyone to believe. It is a Kenya Communications (Amendment) Bill 2008.
2. The bill proposes to amend the Kenya Communications Act 1998 as hereunder (this is in a nutshell of course):
1. Enhancing the regulatory mandate by allowing for the regulation of broadcasting content (this covers only electronic media and not print media)
2. Providing for the recognition and
a ccTLD registrar
3. Providing recognition for electronic
transactions including
e-contracting, digital signatures as well as
amendments to existing
legislation e.g. the evidence act allowing for submission of digital copies evidence, recognition of e-crimes in the
etc.
The bill mentions nothing, as far as the
government shutting down media
freedoms is concerned.
What the media are up in arms about and misleading every right-thinking Kenyan is the provisions of the current
the Kenya
Communications Act, which provides for the
the minister for
internal security on the occurrence of any
interest of public safety and tranquility.
The section allows the minister to take temporary
emergency or in the possession of any
telecommunications or radio communications apparatus on the occurrence of such an emergency. This action by the Minister is only allowed pending the existence of the emergency. It also provides
the actions of the minister herein may appeal to the High Court and obtain compensation the refrom.
*So the draft amendment bill does not mention anything about section 88, i.e. it is not being amended.*
*THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT SECTION 88 IN THE CURRENT COMMUNICATIONS ACT INCLUDED IN THE COMMUNICAITONS AMMENDED BILL? IF SO, SHOULD SECTION 88 BE DELETED OR CHANGED? * Of course the debate as to whether it should be deleted is ongoing, and the media are no exemption. But this is a saving
person aggrieved by provision of any
communication regulation legislation to allow Government to take steps to deal effectively with the emergency or alternatively stop such networks being used incase of an insurgency in a country etc. (No doubt of course the debate rages on because history has evidenced the tendencies/choices made by African governments)
*What is evident is that there is a notion
amendment bill includes section 88, which currently is in the communications Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL. *
I agree with a live television broadcast *if only to explain what it is and what it is not *AND probably allow the debate to really take place country wide as it should have prior to it going to
current communications parliament.
* PS: (*I hope its aired on NTV OR KTN for
and can only access it via DSTV NTV OR KTN).
Best regards,
Dr. Monica Kerretts-Makau
On 16/12/08 2:22 AM, "Edith Adera" <eadera@idrc.or.ke> wrote:
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as
not in the country presented to parliament)
available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to "our right to know"?
I've carefully read through these
the bill and have some
comments:
1. Apart from the gender Insensitivity
of this clause "46Q b) that person
provides broadcasting services in an area for which HE is not licensed to
broadcast;", I've some substantive comments here below:
2. Section "46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d)
anything that may be
prescribed under this Part.
Comment: I worry about the unspecified
prescribe content and
"anything that may be
the Minister – given our past, what
are
the implications?. who makes regulation? Minister or Regulator?
3. section "46H (1) The Commission shall have the power to set standards for the manner, time, and type of
under
this Act."
Comment – might this limit creativity and
that
allows free speech?
I've concerns about this section below:
4. Section "88.(1) On the declaration of any
broadcast by licensees public opinion type programming public emergency or in the
interest of public safety and
being
responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary
Minister for the time possession of any
telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication,
from
any person or class of persons relating to any
communication within Kenya particular subject shall
be
intercepted and disclosed to such
be specified in the
direction;
(c) in the case of postal services,
<wainaina@madeinkenya.org> the right licensing of propose penal code section 88 of powers of public that any that the those of us sections of prescribing powers to prescribed" by programmes to be tranquility, the that any person as may that any
description or postal article in the course of
within
Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct."
Comment: what constitutes "interest of
this
is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of
postal article or class or transmission by post public safety and tranquillity" – personal insecurity,
isolation and denied persons their "right to know" and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith
kictanet mailing list kictanet@lists.kictanet.or.ke
http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to:
mkmakau@yahoo.co.uk
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Leaders will be those who empower
others" Bill Gates E-environment cost saving: Please print this email and or any attachment only if you have to. *
kictanet mailing list kictanet@lists.kictanet.or.ke
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KABISSA.org -
http://www.kabissa.org/about/news/member-spotlight-made-kenya-network
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http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaN...
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Walu, The show took place, I got it half-way but maybe it did not start at the time stipulated. The moderator was Kathleen Openda-Mvati and the panel were David Makali, Paul Muite and Hon. S. Pogisho. It was very heated....I must say. Nyaki ________________________________ From: John Walubengo <jwalu@yahoo.com> To: elizaslider@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Friday, December 19, 2008 1:50:00 PM Subject: Re: [kictanet] Did the ICT Bill debate happen? Looks like I missed it - any chance that the clip is online somewhere? On YouTube maybe? or somewhere else? walu. --- On Fri, 12/19/08, Brian Longwe <blongwe@gmail.com> wrote:
From: Brian Longwe <blongwe@gmail.com> Subject: Re: [kictanet] Did the ICT Bill debate happen? To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Friday, December 19, 2008, 2:34 PM Methinks it did.
check out http://alkags.com/?p=172
Brian
On Fri, Dec 19, 2008 at 1:32 PM, John Walubengo <jwalu@yahoo.com> wrote:
Am not sure if the above happened...but someone has referred me to the analysis from our very own Govt Spokesman - probably what the Minister/PS whould have presented as the alternative view. Download and enjoy?
http://www.communication.go.ke/documents/media_bill_2008_comparisons.pdf
walu.
--- On Thu, 12/18/08, Wainaina Mungai
<wainaina@madeinkenya.org> wrote:
From: Wainaina Mungai
Subject: Re: [kictanet] Comments on Bill Posted Online To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, December 18, 2008, 6:05 PM Good points
Word has it that the live debate @ NTV has been cancelled.
Could Ndemo confirm this for us?
Is it true that the Minister pulled out?
Wainaina
On Thu, Dec 18, 2008 at 4:48 PM, Monica Kerretts-Makau <mkmakau@yahoo.co.uk>wrote:
I probably come in late to the foray of the discussion, but am not in the country and could not get my hands on
copy. Thanks for posting
it online Dr. Ndemo and team. My comments to the bill and as also assisted a legal friend,
1. This is not a media bill as many have led everyone to believe. It is a Kenya Communications (Amendment) Bill 2008.
2. The bill proposes to amend the Kenya Communications Act 1998 as hereunder (this is in a nutshell of course):
1. Enhancing the regulatory mandate by allowing for the regulation of broadcasting content (this covers only electronic media and not print media)
2. Providing for the recognition and
a ccTLD registrar
3. Providing recognition for electronic
transactions including
e-contracting, digital signatures as well as
amendments to existing
legislation e.g. the evidence act allowing for submission of digital copies evidence, recognition of e-crimes in the
etc.
The bill mentions nothing, as far as the
government shutting down media
freedoms is concerned.
What the media are up in arms about and misleading every right-thinking Kenyan is the provisions of the current
the Kenya
Communications Act, which provides for the
the minister for
internal security on the occurrence of any
interest of public safety and tranquility.
The section allows the minister to take temporary
emergency or in the possession of any
telecommunications or radio communications apparatus on the occurrence of such an emergency. This action by the Minister is only allowed pending the existence of the emergency. It also provides
the actions of the minister herein may appeal to the High Court and obtain compensation the refrom.
*So the draft amendment bill does not mention anything about section 88, i.e. it is not being amended.*
*THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT SECTION 88 IN THE CURRENT COMMUNICATIONS ACT INCLUDED IN THE COMMUNICAITONS AMMENDED BILL? IF SO, SHOULD SECTION 88 BE DELETED OR CHANGED? * Of course the debate as to whether it should be deleted is ongoing, and the media are no exemption. But this is a saving
person aggrieved by provision of any
communication regulation legislation to allow Government to take steps to deal effectively with the emergency or alternatively stop such networks being used incase of an insurgency in a country etc. (No doubt of course the debate rages on because history has evidenced the tendencies/choices made by African governments)
*What is evident is that there is a notion
amendment bill includes section 88, which currently is in the communications Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL. *
I agree with a live television broadcast *if only to explain what it is and what it is not *AND probably allow the debate to really take place country wide as it should have prior to it going to
current communications parliament.
* PS: (*I hope its aired on NTV OR KTN for
and can only access it via DSTV NTV OR KTN).
Best regards,
Dr. Monica Kerretts-Makau
On 16/12/08 2:22 AM, "Edith Adera" <eadera@idrc.or.ke> wrote:
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as
not in the country presented to parliament)
available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to "our right to know"?
I've carefully read through these
the bill and have some
comments:
1. Apart from the gender Insensitivity
of this clause "46Q b) that person
provides broadcasting services in an area for which HE is not licensed to
broadcast;", I've some substantive comments here below:
2. Section "46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d)
anything that may be
prescribed under this Part.
Comment: I worry about the unspecified
prescribe content and
"anything that may be
the Minister – given our past, what
are
the implications?. who makes regulation? Minister or Regulator?
3. section "46H (1) The Commission shall have the power to set standards for the manner, time, and type of
under
this Act."
Comment – might this limit creativity and
that
allows free speech?
I've concerns about this section below:
4. Section "88.(1) On the declaration of any
broadcast by licensees public opinion type programming public emergency or in the
interest of public safety and
being
responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary
Minister for the time possession of any
telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication,
from
any person or class of persons relating to any
communication within Kenya particular subject shall
be
intercepted and disclosed to such
be specified in the
direction;
(c) in the case of postal services,
<wainaina@madeinkenya.org> the right licensing of propose penal code section 88 of powers of public that any that the those of us sections of prescribing powers to prescribed" by programmes to be tranquility, the that any person as may that any
description or postal article in the course of
within
Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct."
Comment: what constitutes "interest of
this
is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of
postal article or class or transmission by post public safety and tranquillity" – personal insecurity,
isolation and denied persons their "right to know" and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith
kictanet mailing list kictanet@lists.kictanet.or.ke
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Leaders will be those who empower
others" Bill Gates E-environment cost saving: Please print this email and or any attachment only if you have to. *
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TWITTER - http://www.twitter.com/bungesms
KABISSA.org -
http://www.kabissa.org/about/news/member-spotlight-made-kenya-network
KAMPALA Workshop presentation -
http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaN...
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_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: elizaslider@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/elizaslider%40yahoo.com
... and three against one! Mike Eldon From: Catherine Adeya <elizaslider@yahoo.com> To: meldon@symphony.co.ke Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Date: 12/19/2008 02:14 PM Subject: Re: [kictanet] Did the ICT Bill debate happen? Walu, The show took place, I got it half-way but maybe it did not start at the time stipulated. The moderator was Kathleen Openda-Mvati and the panel were David Makali, Paul Muite and Hon. S. Pogisho. It was very heated....I must say. Nyaki From: John Walubengo <jwalu@yahoo.com> To: elizaslider@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Friday, December 19, 2008 1:50:00 PM Subject: Re: [kictanet] Did the ICT Bill debate happen? Looks like I missed it - any chance that the clip is online somewhere? On YouTube maybe? or somewhere else? walu. --- On Fri, 12/19/08, Brian Longwe <blongwe@gmail.com> wrote:
From: Brian Longwe <blongwe@gmail.com> Subject: Re: [kictanet] Did the ICT Bill debate happen? To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Friday, December 19, 2008, 2:34 PM Methinks it did.
check out http://alkags.com/?p=172
Brian
On Fri, Dec 19, 2008 at 1:32 PM, John Walubengo <jwalu@yahoo.com> wrote:
Am not sure if the above happened...but someone has referred me to the analysis from our very own Govt Spokesman - probably what the Minister/PS whould have presented as the alternative view. Download and enjoy?
http://www.communication.go.ke/documents/media_bill_2008_comparisons.pdf
walu.
--- On Thu, 12/18/08, Wainaina Mungai
<wainaina@madeinkenya.org> wrote:
From: Wainaina Mungai
Subject: Re: [kictanet] Comments on Bill Posted Online To: jwalu@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Thursday, December 18, 2008, 6:05 PM Good points
Word has it that the live debate @ NTV has been cancelled.
Could Ndemo confirm this for us?
Is it true that the Minister pulled out?
Wainaina
On Thu, Dec 18, 2008 at 4:48 PM, Monica Kerretts-Makau <mkmakau@yahoo.co.uk>wrote:
I probably come in late to the foray of the discussion, but am not in the country and could not get my hands on
copy. Thanks for posting
it online Dr. Ndemo and team. My comments to the bill and as also assisted a legal friend,
1. This is not a media bill as many have led everyone to believe. It is a Kenya Communications (Amendment) Bill 2008.
2. The bill proposes to amend the Kenya Communications Act 1998 as hereunder (this is in a nutshell of course):
1. Enhancing the regulatory mandate by allowing for the regulation of broadcasting content (this covers only electronic media and not print media)
2. Providing for the recognition and
a ccTLD registrar
3. Providing recognition for electronic
transactions including
e-contracting, digital signatures as well as
amendments to existing
legislation e.g. the evidence act allowing for submission of digital copies evidence, recognition of e-crimes in the
etc.
The bill mentions nothing, as far as the
government shutting down media
freedoms is concerned.
What the media are up in arms about and misleading every right-thinking Kenyan is the provisions of the current
the Kenya
Communications Act, which provides for the
the minister for
internal security on the occurrence of any
interest of public safety and tranquility.
The section allows the minister to take temporary
emergency or in the possession of any
telecommunications or radio communications apparatus on the occurrence of such an emergency. This action by the Minister is only allowed pending the existence of the emergency. It also provides
the actions of the minister herein may appeal to the High Court and obtain compensation the refrom.
*So the draft amendment bill does not mention anything about section 88, i.e. it is not being amended.*
*THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT SECTION 88 IN THE CURRENT COMMUNICATIONS ACT INCLUDED IN THE COMMUNICAITONS AMMENDED BILL? IF SO, SHOULD SECTION 88 BE DELETED OR CHANGED? * Of course the debate as to whether it should be deleted is ongoing, and the media are no exemption. But this is a saving
person aggrieved by provision of any
communication regulation legislation to allow Government to take steps to deal effectively with the emergency or alternatively stop such networks being used incase of an insurgency in a country etc. (No doubt of course the debate rages on because history has evidenced the tendencies/choices made by African governments)
*What is evident is that there is a notion
amendment bill includes section 88, which currently is in the communications Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL. *
I agree with a live television broadcast *if only to explain what it is and what it is not *AND probably allow the debate to really take place country wide as it should have prior to it going to
current communications parliament.
* PS: (*I hope its aired on NTV OR KTN for
and can only access it via DSTV NTV OR KTN).
Best regards,
Dr. Monica Kerretts-Makau
On 16/12/08 2:22 AM, "Edith Adera" <eadera@idrc.or.ke> wrote:
Dr Ndemo,
Thanks for posting excerpts of the bill online (sections 46 and 88). We should actually have the FULL version of the bill (as
not in the country presented to parliament)
available online, although this would be accessible to the privileged with Internet access how about the masses? What happened to "our right to know"?
I've carefully read through these
the bill and have some
comments:
1. Apart from the gender Insensitivity
of this clause "46Q b) that person
provides broadcasting services in an area for which HE is not licensed to
broadcast;", I've some substantive comments here below:
2. Section "46K The Minister may, in consultation with the Commission, make regulations generally with respect to all broadcasting services and without prejudice to the generality of the foregoing, with respect to- (c) mandating the carriage of content, in keeping with public interest obligations, across licensed broadcasting services; (d)
anything that may be
prescribed under this Part.
Comment: I worry about the unspecified
prescribe content and
"anything that may be
the Minister – given our past, what
are
the implications?. who makes regulation? Minister or Regulator?
3. section "46H (1) The Commission shall have the power to set standards for the manner, time, and type of
under
this Act."
Comment – might this limit creativity and
that
allows free speech?
I've concerns about this section below:
4. Section "88.(1) On the declaration of any
broadcast by licensees public opinion type programming public emergency or in the
interest of public safety and
being
responsible for Internal Security may, by order in writing, direct any officer duly authorized in that behalf, to take temporary
Minister for the time possession of any
telecommunication apparatus or any radio communication station or apparatus within Kenya, and – (b) in the case of telecommunication,
from
any person or class of persons relating to any
communication within Kenya particular subject shall
be
intercepted and disclosed to such
be specified in the
direction;
(c) in the case of postal services,
<wainaina@madeinkenya.org> the right licensing of propose penal code section 88 of powers of public that any that the those of us sections of prescribing powers to prescribed" by programmes to be tranquility, the that any person as may that any
description or postal article in the course of
within
Kenya shall be intercepted or detained or shall be delivered to any officer mentioned in the order or shall be disposed of in such manner as the Minister may direct."
Comment: what constitutes "interest of
this
is subject to abuse and personal discretion. It worries me that free speech could be limited and privacy preached on any subject – e.g. complaining about high fuel costs, food crisis, impunity etc etc. I do not know about you, but the last ban on live coverage created a sense of
postal article or class or transmission by post public safety and tranquillity" – personal insecurity,
isolation and denied persons their "right to know" and the subsequent threats of prosecution did not make things any better. What are the chances of abuse in this clause?
Lets remember that these laws will not only serve today but future generations with different leaders.
Edith
kictanet mailing list kictanet@lists.kictanet.or.ke
http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to:
mkmakau@yahoo.co.uk
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http://lists.kictanet.or.ke/mailman/options/kictanet/mkmakau%40yahoo.co.uk
.............................. "*As we look ahead into the future,
Leaders will be those who empower
others" Bill Gates E-environment cost saving: Please print this email and or any attachment only if you have to. *
kictanet mailing list kictanet@lists.kictanet.or.ke
http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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-- --- http://www.bungesms.com
TWITTER - http://www.twitter.com/bungesms
KABISSA.org -
http://www.kabissa.org/about/news/member-spotlight-made-kenya-network
KAMPALA Workshop presentation -
http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaN...
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_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: elizaslider@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/elizaslider%40yahoo.com _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: meldon@symphony.co.ke Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/meldon%40symphony.co.ke
I have to say that I personally found that show quite distasteful - I feel that the media has really struggled to shove their agenda down my throat as a citizen. I feel like the media has distorted the facts to suit their end. How Kathleen herself failed to take a neutral position on the issues so that both arguments could be heard. i hav never before imagined that a presenter could ask a panelist, "but you coukd have gone elsewhere? Why did you come to NTV?" It was terrible. My Full account and thoughts (personal views not those of any organisations I represent or affilliate with) on alkags.com Sent from my BlackBerry® smartphone provided by Celtel Kenya -----Original Message----- From: MEldon@symphony.co.ke Date: Fri, 19 Dec 2008 14:17:47 To: <alkags@alkags.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke>; <kictanet-bounces+meldon=symphony.co.ke@lists.kictanet.or.ke> Subject: Re: [kictanet] Did the ICT Bill debate happen? _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: alkags@alkags.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/alkags%40alkags.com
participants (12)
-
alkags＠alkags.com -
bitange＠jambo.co.ke -
Brian Longwe -
Catherine Adeya -
Edith Adera -
Eric M.K Osiakwan -
John Walubengo -
Joseph Ochola -
MEldon＠symphony.co.ke -
Monica Kerretts-Makau -
Wainaina Mungai -
waudo siganga