Fw: Kibaki signs Bill into law
Sent from my BlackBerry® wireless device -----Original Message----- From: dmakali@yahoo.com Date: Sat, 10 Jan 2009 06:04:41 To: Barrack Otieno<otieno.barrack@gmail.com> Subject: Re: [kictanet] Kibaki signs Bill into law Ndudu Barrack, The media is a basket of diverse characters and multiple interests trying to serve various demands placed on it by many publics. The situation is not helped by the fact that every1 assumes that the media should serve his or her interests however provincial. Or the assumption that there is one homogenous institution called media. To be candid, there are massive problems in the industry. But the proposed legislation is designed or will have the effect of strangling it rather than helping. To start with, I don't see the pt of applauding the things which are good in that law if that implies accepting or lessening on the gravity of the bad ones. Yet what I see on this ict list is just that -cheer readers excited by the ict provisions we have all been waiting for and a determination to gloss over or sweep aside the glaring omissions or shortcomings of the law. I find that myopic and selfish, vis-a-vis the greater public interest. The media must be understood too. Accusations of sensationalism may be valid but what else did the media have in its quest to be heard? Why were its proposals ignored? The last resort was to fight back against an unjust law using any and all means. And it was going to get worse had sense not prevailed. Now again you blame the victim and not the aggressor politician for attempting to polarise the nation. For me, this debate is polemical if you can't address objections we have raised with specific clauses. Dwelling on the good and uncontestable aspects of the bill is waste of ink. We don't have to educate the public about how the bill is good because, well, that is what it should be. But we have a duty to warn the public of an impending disaster. And why are some of you on this forum quick to lynch the media but molly coddling politicians who pay lip service to media freedom and yet go ahead to stab it? Who brought us to this pass? The same proposals they rejected with hubris before the passage of that bill are going to be taken in this time round. Why? That's something to ponder. It only takes silence or collusion such as ICT folks are engaged in to end up with tyranny. Let me conclude that its not true that the media did not make submissions to that bill. It did. And a committee was even set up to do so comprised of min officials. What became of their proposals? Let ndemo tell us. The truth is we would make proposals but the ministry was hell bent on driving thro its agenda so none of our views would be taken on board until the law was passed. Then we decided we were not going to take it. The moral is that no law should be shoved down anybody just because its govt. That era of govt fiat is gone. I admit we have quite a big house cleaning job as industry to do. But frankly, some of the claims being pinned on the media are baseless. The media can't be responsible for the failure of political leadership! Barrack, you ICT people will only begin to appeal to us on this side if you at least acknowledge the law is flawed in key ways, eg- sections 5, 46, and so on. I advice this forum to wait for our detailed amendment proposals on tuesday, and desist from vacuous charges of sensationalism against the media. What is at stake here is fundamental to our democracy and freedoms. David Sent from my BlackBerry® wireless device -----Original Message----- From: "Barrack Otieno" <otieno.barrack@gmail.com> Date: Sat, 10 Jan 2009 08:18:09 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki signs Bill into law Well Bwana Makali, As you may have realised media and ICT seem to be strange bedfellows even though we are together in the name of convergence the more reason this debate has taken this angle. Nonetheless i guess Bill has just laid on the table facts that might need to be considered by the media fraternity and i am happy you have read through his write up. We all know where this country has come from and we shouldnt continue talking about politicians nor comparing ourselves to them because we know what they are made of. As one of the leaders of the media fratenity it is important that you highlight the above mentioned issues to members of the fraternity because your house is not in order, it is unprofessional or shall we say unethical to attack personalities and institutions the way the media did in the past few days because of their opinions however much you would like to justify what you did, your acts only served to prove how media can polarise the Nation. Nonetheless the new act brings good tidings to the ICT sector despite the scare tactics being deployed i am yet to come across a balanced view of the act devoid of sensationalism from a member of the fourth estate other than the attacks being meted on personalities can we start with you Bwana Makali, where were you guys at the stakeholders negotiations to raise this issues as the PS asked? i bet this issues were there even then....What i am saying David is that the media needs to get its act together your house is not in order On Sat, Jan 10, 2009 at 1:12 AM, <dmakali@yahoo.com> wrote:
What disadvantage to ICT, Gilda, is caused by lumping so called ICT with broadcasting issues? That's hilarious. As for Bill's pontification below, my verdict is that he should seek to inform himself about media operations in kenya and elsewhere first before he purports to educate others. Some of the views he espouses are extremely pedestrian altho he wants to pass them off as truth. While I agree with the need to curb media conentration and monopolies, his suggestions about daily press being owned by the public or the masses are a bit misplaced. And the points being raised by the media are not necessarily those of media owners. Hello! Remove your blinkers and see facts for what they are. Your defence of the president and minister reeks of the sycophancy of yore. Presidents and ministers have to take responsibility for their actions or inaction, they are not rubber stamps! Ask yourself why we have media concentration now, and how come most frequencies are held by politicians and or their cronies or allies. How did michuki, midiwo, koigi, etc come to own frequencies? Isn't there a cck? Don't you think it should be independent to avoid being bullied or be shielded from political directives? And to say the Act should be renamed ICT and not media doesn't amount to much change. Moreover, let the law speak for itself, we don't need anyone to explain its intentions or the meaning - least of all you! You are neither its author or implementer. A good law should be explicit and unambiguous in its meaning, not open to diff interpretation. Which is part of the problem with the new Act. Be honest at least. Skewed logic and such other partisan and ignorant views about the media and how it should investigate stories are clearly outside this law. Don't give it imaginary power. True, training and capacity of the media are issues worth discussing but not in this context. That's dabbling in territory about which you can only speculate. Before you lament, have you ever investigated a story or given a newspaper an investigative lead? And to claim that the duty of a journalist is to report the truth and publish regardless of the consequence is plainly naïve and insensitive. Before you go far, read sect 5 of the Bill. One would expect that since you are reading the bill uncritically when the weaknesses of the bill are pointed out you begin to appreciate the concerns raised and not remain dogmatic in your belief that every criticism in malicious and govt is infallible. No? Let's engage in constructive arguments and not spread hate. You have much to thank the media for than you know or can admit. David
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-----Original Message----- From: "Gilda Odera" <godera@skyweb.co.ke>
Date: Fri, 9 Jan 2009 15:06:54 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki signs Bill into law
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-- Barrack O. Otieno ISSEN CONSULTING Tel: +254721325277 +254726544442 +254733206359 www.issenconsult.com http://projectdiscovery.or.ke To give up the task of reforming society is to give up ones responsibility as a free man. Alan Paton, South Africa
Makali, Instead of psyching up for a second round of war, why don't we move a notch higher and do things a bit differently as observed by a leading and respected journalist, Tom Mshindi. Herewith, quoting him verbatim; [Finally, the media's convulsive, strident reaction was too hysterical. We in the media have often been accused of not being balanced in our reactions to important national issues compared to our responses to media-specific issues. This was a good example. We had a right to be angry but more importantly, we needed to demonstrate the key journalistic principle of balance in reporting the news. After all, the Bill had become law and the mode of engagement called for less confrontation and more aggressive lobbying. This is what finally won over the President, not the public hysteria. In more optimistic circumstances, I would say we have learnt our lessons and should expect more sagacious displays from all the actors. But media and politicians know that this was just another day in the ever eventful, love-hate relationship between the two.] Source - http://www.nation.co.ke/oped/Opinion/-/440808/512130/-/427cut/-/index.html On Sat, Jan 10, 2009 at 9:05 AM, <dmakali@yahoo.com> wrote:
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------------------------------ *From*: dmakali@yahoo.com *Date*: Sat, 10 Jan 2009 06:04:41 +0000 *To*: Barrack Otieno<otieno.barrack@gmail.com> *Subject*: Re: [kictanet] Kibaki signs Bill into law Ndudu Barrack, The media is a basket of diverse characters and multiple interests trying to serve various demands placed on it by many publics. The situation is not helped by the fact that every1 assumes that the media should serve his or her interests however provincial. Or the assumption that there is one homogenous institution called media. To be candid, there are massive problems in the industry. But the proposed legislation is designed or will have the effect of strangling it rather than helping. To start with, I don't see the pt of applauding the things which are good in that law if that implies accepting or lessening on the gravity of the bad ones. Yet what I see on this ict list is just that -cheer readers excited by the ict provisions we have all been waiting for and a determination to gloss over or sweep aside the glaring omissions or shortcomings of the law. I find that myopic and selfish, vis-a-vis the greater public interest. The media must be understood too. Accusations of sensationalism may be valid but what else did the media have in its quest to be heard? Why were its proposals ignored? The last resort was to fight back against an unjust law using any and all means. And it was going to get worse had sense not prevailed. Now again you blame the victim and not the aggressor politician for attempting to polarise the nation. For me, this debate is polemical if you can't address objections we have raised with specific clauses. Dwelling on the good and uncontestable aspects of the bill is waste of ink. We don't have to educate the public about how the bill is good because, well, that is what it should be. But we have a duty to warn the public of an impending disaster. And why are some of you on this forum quick to lynch the media but molly coddling politicians who pay lip service to media freedom and yet go ahead to stab it? Who brought us to this pass? The same proposals they rejected with hubris before the passage of that bill are going to be taken in this time round. Why? That's something to ponder. It only takes silence or collusion such as ICT folks are engaged in to end up with tyranny. Let me conclude that its not true that the media did not make submissions to that bill. It did. And a committee was even set up to do so comprised of min officials. What became of their proposals? Let ndemo tell us. The truth is we would make proposals but the ministry was hell bent on driving thro its agenda so none of our views would be taken on board until the law was passed. Then we decided we were not going to take it. The moral is that no law should be shoved down anybody just because its govt. That era of govt fiat is gone. I admit we have quite a big house cleaning job as industry to do. But frankly, some of the claims being pinned on the media are baseless. The media can't be responsible for the failure of political leadership! Barrack, you ICT people will only begin to appeal to us on this side if you at least acknowledge the law is flawed in key ways, eg- sections 5, 46, and so on. I advice this forum to wait for our detailed amendment proposals on tuesday, and desist from vacuous charges of sensationalism against the media. What is at stake here is fundamental to our democracy and freedoms. David
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------------------------------ * *
On Sat, Jan 10, 2009 at 9:56 AM, Bill Kagai <billkagai@gmail.com> wrote:
Makali, Instead of psyching up for a second round of war, why don't we move a notch higher and do things a bit differently as observed by a leading and respected journalist, Tom Mshindi.
Relevant background read when enagaging on content regulation discussions "The Kenyan 2007 elections and their aftermath: the role of media and communication" <http://downloads.bbc.co.uk/worldservice/trust/pdf/kenya_policy_briefing_08.pdf>
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.
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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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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Ms Basly, One other side of the coin would suggest that airwaves are natural resources and thus owned by the public whose use is a privilege extended through licensing. Such privilege should not be seen to be abused through broadcasting undesirable content without consideration to those who have extended the privilege of licensing. Numerous nations, across the world including those with advanced broadcasting sectors exercise control over what can or cannot be broadcast over public airwaves. Different rules tend to apply in regards to privately owned infrastructure as would be the case with cable television, however in the case of digital over the air TV they would tend to fall under stricter regulation as they like regular broadcasts, utilise public airwaves. There are current laws regulating content such as that you mention below in the local market including prohibiting their importation. There have been some reported cases of enforcement of the same. (Cap. 63 of the Penal code). As to what is moral or immoral and what standards should apply, the below ongoing case might offer an insight into the difficulty of reaching such determinations. At the end of the day what it really comes down to is whether unlimited freedoms without regulation, examples of which might include legalisation of certain banned drugs or unrestricted programming, bode well for a society or does it contribute to the decay of society more so when children happen to be in the picture. http://www.scotuswiki.com/index.php?title=FCC_v._Fox_Television_Stations On Mon, Jan 12, 2009 at 2:20 PM, Faima Basly <basly1@hotmail.com> wrote:
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.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
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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 #yiv150853050 .hmmessage P { margin:0px;padding:0px;} #yiv150853050 { font-size:10pt;font-family:Verdana;} #yiv150853050 .hmmessage P {margin:0px;padding:0px;} #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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People, Who said media isn't part of ICT? Only a very narrow view of ICT can exclude media, more so broadcasting. I don't believe Kibaki and Raila are trying to take Kenya back to where Moi had us! Though the info I have is scanty, I have been observing with owe from the time kina Nyambane & Caroline were locked up, and wondered how different it is from the Kanu days! It is good to have an 'e-Transactions Bill' enacted (some call it ICT Bill/Act), but that's only part of the story. A 'converged' Bill/Act (like this one attempts to be) would be the ideal, but the due process for such would need much more than appears to have gone into the current Act. Under our/Kenya's circumstances, perhaps it would have been better to have two seperate 'e-Transactions Bill' and 'Media (Amendment) Bill'. The former was for sure long overdue (otherwise why else would KQ do its e-ticketing in SAfrica?). But then again, the current Act isn't a panacea to Kenya's "ICT" sector! I doubt it addresses even the most fundamental issues...! Am glad nobody is saying media itself doesn't have bones in its cupboards. But two wrongs don't make a right. S --- On Sat, 1/10/09, dmakali@yahoo.com <dmakali@yahoo.com> wrote: From: dmakali@yahoo.com <dmakali@yahoo.com> Subject: [kictanet] Fw: Kibaki signs Bill into law To: "Shem Ochuodho" <shemochuodho@yahoo.com> Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Saturday, January 10, 2009, 9:05 AM Sent from my BlackBerry® wireless device From: dmakali@yahoo.com Date: Sat, 10 Jan 2009 06:04:41 +0000 To: Barrack Otieno<otieno.barrack@gmail.com> Subject: Re: [kictanet] Kibaki signs Bill into law Ndudu Barrack, The media is a basket of diverse characters and multiple interests trying to serve various demands placed on it by many publics. The situation is not helped by the fact that every1 assumes that the media should serve his or her interests however provincial. Or the assumption that there is one homogenous institution called media. To be candid, there are massive problems in the industry. But the proposed legislation is designed or will have the effect of strangling it rather than helping. To start with, I don't see the pt of applauding the things which are good in that law if that implies accepting or lessening on the gravity of the bad ones. Yet what I see on this ict list is just that -cheer readers excited by the ict provisions we have all been waiting for and a determination to gloss over or sweep aside the glaring omissions or shortcomings of the law. I find that myopic and selfish, vis-a-vis the greater public interest. The media must be understood too. Accusations of sensationalism may be valid but what else did the media have in its quest to be heard? Why were its proposals ignored? The last resort was to fight back against an unjust law using any and all means. And it was going to get worse had sense not prevailed. Now again you blame the victim and not the aggressor politician for attempting to polarise the nation. For me, this debate is polemical if you can't address objections we have raised with specific clauses. Dwelling on the good and uncontestable aspects of the bill is waste of ink. We don't have to educate the public about how the bill is good because, well, that is what it should be. But we have a duty to warn the public of an impending disaster. And why are some of you on this forum quick to lynch the media but molly coddling politicians who pay lip service to media freedom and yet go ahead to stab it? Who brought us to this pass? The same proposals they rejected with hubris before the passage of that bill are going to be taken in this time round. Why? That's something to ponder. It only takes silence or collusion such as ICT folks are engaged in to end up with tyranny. Let me conclude that its not true that the media did not make submissions to that bill. It did. And a committee was even set up to do so comprised of min officials. What became of their proposals? Let ndemo tell us. The truth is we would make proposals but the ministry was hell bent on driving thro its agenda so none of our views would be taken on board until the law was passed. Then we decided we were not going to take it. The moral is that no law should be shoved down anybody just because its govt. That era of govt fiat is gone. I admit we have quite a big house cleaning job as industry to do. But frankly, some of the claims being pinned on the media are baseless. The media can't be responsible for the failure of political leadership! Barrack, you ICT people will only begin to appeal to us on this side if you at least acknowledge the law is flawed in key ways, eg- sections 5, 46, and so on. I advice this forum to wait for our detailed amendment proposals on tuesday, and desist from vacuous charges of sensationalism against the media. What is at stake here is fundamental to our democracy and freedoms. David Sent from my BlackBerry® wireless device From: "Barrack Otieno" Date: Sat, 10 Jan 2009 08:18:09 +0300 To: <dmakali@yahoo.com> Subject: Re: [kictanet] Kibaki signs Bill into law Well Bwana Makali, As you may have realised media and ICT seem to be strange bedfellows even though we are together in the name of convergence the more reason this debate has taken this angle. Nonetheless i guess Bill has just laid on the table facts that might need to be considered by the media fraternity and i am happy you have read through his write up. We all know where this country has come from and we shouldnt continue talking about politicians nor comparing ourselves to them because we know what they are made of. As one of the leaders of the media fratenity it is important that you highlight the above mentioned issues to members of the fraternity because your house is not in order, it is unprofessional or shall we say unethical to attack personalities and institutions the way the media did in the past few days because of their opinions however much you would like to justify what you did, your acts only served to prove how media can polarise the Nation. Nonetheless the new act brings good tidings to the ICT sector despite the scare tactics being deployed i am yet to come across a balanced view of the act devoid of sensationalism from a member of the fourth estate other than the attacks being meted on personalities can we start with you Bwana Makali, where were you guys at the stakeholders negotiations to raise this issues as the PS asked? i bet this issues were there even then....What i am saying David is that the media needs to get its act together your house is not in order On Sat, Jan 10, 2009 at 1:12 AM, <dmakali@yahoo.com> wrote: What disadvantage to ICT, Gilda, is caused by lumping so called ICT with broadcasting issues? That's hilarious. As for Bill's pontification below, my verdict is that he should seek to inform himself about media operations in kenya and elsewhere first before he purports to educate others. Some of the views he espouses are extremely pedestrian altho he wants to pass them off as truth. While I agree with the need to curb media conentration and monopolies, his suggestions about daily press being owned by the public or the masses are a bit misplaced. And the points being raised by the media are not necessarily those of media owners. Hello! Remove your blinkers and see facts for what they are. Your defence of the president and minister reeks of the sycophancy of yore. Presidents and ministers have to take responsibility for their actions or inaction, they are not rubber stamps! Ask yourself why we have media concentration now, and how come most frequencies are held by politicians and or their cronies or allies. How did michuki, midiwo, koigi, etc come to own frequencies? Isn't there a cck? Don't you think it should be independent to avoid being bullied or be shielded from political directives? And to say the Act should be renamed ICT and not media doesn't amount to much change. Moreover, let the law speak for itself, we don't need anyone to explain its intentions or the meaning - least of all you! You are neither its author or implementer. A good law should be explicit and unambiguous in its meaning, not open to diff interpretation. Which is part of the problem with the new Act. Be honest at least. Skewed logic and such other partisan and ignorant views about the media and how it should investigate stories are clearly outside this law. Don't give it imaginary power. True, training and capacity of the media are issues worth discussing but not in this context. That's dabbling in territory about which you can only speculate. Before you lament, have you ever investigated a story or given a newspaper an investigative lead? And to claim that the duty of a journalist is to report the truth and publish regardless of the consequence is plainly naïve and insensitive. Before you go far, read sect 5 of the Bill. One would expect that since you are reading the bill uncritically when the weaknesses of the bill are pointed out you begin to appreciate the concerns raised and not remain dogmatic in your belief that every criticism in malicious and govt is infallible. No? Let's engage in constructive arguments and not spread hate. You have much to thank the media for than you know or can admit. David Sent from my BlackBerry® wireless device -----Original Message----- From: "Gilda Odera" <godera@skyweb.co.ke> Date: Fri, 9 Jan 2009 15:06:54 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki signs Bill into law _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: dmakali@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/dmakali%40yahoo.com _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: otieno.barrack@gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail.... -- Barrack O. Otieno ISSEN CONSULTING Tel: +254721325277 +254726544442 +254733206359 www.issenconsult.com http://projectdiscovery.or.ke To give up the task of reforming society is to give up ones responsibility as a free man. Alan Paton, South Africa _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: shemochuodho@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/shemochuodho%40yahoo.co...
participants (8)
-
Bill Kagai -
dmakali＠yahoo.com -
Faima Basly -
Gakuru Alex -
John Walubengo -
Jotham Kilimo Mwale -
Mike Theuri -
Shem Ochuodho