Media council Draft bill 2010 (Day one discussion)
Hi Grace, others, I find it a little bit difficult to answer this question in the abstract, as the stated purpose is very general. Promoting freedom of expression is fine and establishing the media council is in line with the constitution (although I have some concerns about this - see below). I find the reference to disciplining journalists problematical. The Constitution talks about setting and implementing standards. This is quite different from disciplining journalists (eg warning journalists of a breach of a code of conduct is not disciplining them - it is letting them know where the boundaries are). However, I have a wider concern about the constitutional provisions. I think it is unfortunate to provide in a constitution for the establishment of a statutory body that sets standards for the media as a whole. The ideal way to do this is through media self-regulatory bodies. Where the media is unable, at a certain point in time, to self-regulate, it might be legitimate to impose a statutory system. But once the media can self-regulate, this should be done away with. Elevating it to a constitutional rule makes this much more difficult. My other concern is with the specific modalities by which the Media Bill seeks to regulate the profession, including by regulating the Internet, by setting conditions on journalists, keep a register of journalists (ie register them), etc. But I suppose this is a discussion for another day. Toby Today's discussion: The purpose of the Media Council Bill: An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes. Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall: a) be independent of control by government, political interests or commercial interests; b) reflect the sections of all sections of society; and c) set media standards and regulate and monitor compliance with those standards. We welcome responses/reflections to the following: 1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution? 2. Is this proposed Media Council best placed to perform and fulfill this purpose? 3. Will the proposed Media Council enhance professionalism and growth of media in Kenya? Rgds Grace ___________________________________ Toby Mendel Centre for Law and Democracy toby@law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org
hi, On Mon, Jan 24, 2011 at 1:29 PM, <toby@law-democracy.org> wrote:
Hi Grace, others,
I find it a little bit difficult to answer this question in the abstract, as the stated purpose is very general. Promoting freedom of expression is fine and establishing the media council is in line with the constitution (although I have some concerns about this - see below). I find the reference to disciplining journalists problematical.
Agreed. The Constitution
talks about setting and implementing standards. This is quite different from disciplining journalists (eg warning journalists of a breach of a code of conduct is not disciplining them - it is letting them know where the boundaries are).
Aren't there laws that do that sort of thing (libel and slander, etc). I see no need for a "Media Council" at all. It can only lead to censorship. <snip>
b) reflect the sections of all sections of society; and c) set media standards and regulate and monitor compliance with those standards.
We welcome responses/reflections to the following:
1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution?
I can't parse this, sorry.
2. Is this proposed Media Council best placed to perform and fulfill this purpose?
no
3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
no
Rgds Grace
___________________________________ Toby Mendel
Centre for Law and Democracy toby@law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org
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Dear Listers, MEDIA, what really does this word entail? Maybe if we first understand whom the Media Bill covers, then we may begin to understand the need for standards. Self-regulation works perfect within a profession, say, I would still expect the journalists as professionals to have a professional body that sets regulations and guidelines as to how they behave within their profession. When you are a journalist by profession, then there must be some form of accreditation criteria, which is fine, as we have doctors, engineers, pharmacists etc all subscribing to their society code of ethics and regulations. Back to the question of whom the media bill targets, I see a very wide area of coverage; e.g people in various areas of broadcasting, various areas of internet use etc I would say even use of your phone as a medium of communication then brings you under the certain etiquettes which the media bill may cover. Very difficult to talk of self regulation among diverse entities that may not have a lot of common values. But, this does not stop the journalists from having a self regulatory body (KUJ?) My thoughts Pamela -----Original Message----- From: kictanet-bounces+pamela=cardiacimplants.com@lists.kictanet.or.ke [mailto:kictanet-bounces+pamela=cardiacimplants.com@lists.kictanet.or.ke] On Behalf Of toby@law-democracy.org Sent: Monday, January 24, 2011 1:30 PM To: pamela@cardiacimplants.com Cc: KICTAnet ICT Policy Discussions Subject: [kictanet] Media council Draft bill 2010 (Day one discussion) Hi Grace, others, I find it a little bit difficult to answer this question in the abstract, as the stated purpose is very general. Promoting freedom of expression is fine and establishing the media council is in line with the constitution (although I have some concerns about this - see below). I find the reference to disciplining journalists problematical. The Constitution talks about setting and implementing standards. This is quite different from disciplining journalists (eg warning journalists of a breach of a code of conduct is not disciplining them - it is letting them know where the boundaries are). However, I have a wider concern about the constitutional provisions. I think it is unfortunate to provide in a constitution for the establishment of a statutory body that sets standards for the media as a whole. The ideal way to do this is through media self-regulatory bodies. Where the media is unable, at a certain point in time, to self-regulate, it might be legitimate to impose a statutory system. But once the media can self-regulate, this should be done away with. Elevating it to a constitutional rule makes this much more difficult. My other concern is with the specific modalities by which the Media Bill seeks to regulate the profession, including by regulating the Internet, by setting conditions on journalists, keep a register of journalists (ie register them), etc. But I suppose this is a discussion for another day. Toby Today's discussion: The purpose of the Media Council Bill: An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes. Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall: a) be independent of control by government, political interests or commercial interests; b) reflect the sections of all sections of society; and c) set media standards and regulate and monitor compliance with those standards. We welcome responses/reflections to the following: 1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution? 2. Is this proposed Media Council best placed to perform and fulfill this purpose? 3. Will the proposed Media Council enhance professionalism and growth of media in Kenya? Rgds Grace ___________________________________ Toby Mendel Centre for Law and Democracy toby@law-democracy.org Tel: +1 902 431-3688 Fax: +1 902 431-3689 www.law-democracy.org _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: pamela@cardiacimplants.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/pamela%40cardiacimplant s.com
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