Media council Draft bill 2010 (Day Eight--Code of Conduct/Wrapping up)
Back in college, we were studying a unit called 'Communication Ethics' and the introduction was like this: “A doctor, who prescribes medicine for a patient without proper examination, WILL be violating the Code of Ethics. He/she MAY lose the right to practice. A lawyer who deliberately misled a client WOULD be violating a code of ethics. He/she MAY lose the right to practice. A Certified Public Accountant (CPA) knowingly signs the statement misrepresenting a company's financial position, WOULD be violating a Code of Ethics. He/ she WOULD lose the right to practice. A journalist who accepts stolen document and poses as a police investigator as to get private telephone conversation, MIGHT be violating a Code of ethics.” It further went on to explain that a doctor, a lawyer and a CPA have mandatory Codes of ethics prescribed and enforced by their professions, while journalism does not have these mandatory code because of the fear that it might infringe upon the right to information. The prescription of a code of conduct for media practitioners is essential in running the profession in a responsible and unbiased manner. The media’s role is to inform, educate and entertain, therefore it must be guarded by the same tenets that are acceptable to the wider population, although, while democracy states the majority rules, not all that the majority say is morally acceptable. While I think it should be accepted, there are some pointers I’ve in regards to the Code of Conduct of the Bill (Second Schedule): Clause 1: (Accuracy and Fairness) Part (a), I still find it recognizing a journalist as a basis for the general term to refer to a reporter, editor or a broadcaster (same as in preliminary). There is a need to having these practitioners identified so as to have diverse players catered for. Part (b): “...it should be corrected promptly.” What is the measurement of prompt? A day, a week, an hour? Time limit should be provided for so that the media practitioners are bound by correcting inaccurate information from being misconstrued to be the true position. Part (c) needs to provide the time that an apology should be published or broadcast. Part (g) misses the element of reporting balancing subject of news, though addressed loosely in Part (c) and distributed widely within the Code of Conduct. Clause 3: (Integrity) Part (a): ‘Confidential sources should be used only when it is clearly in public interest...’ How will their privacy be protected? I’m thinking of members of the Defence Forces or the Civil Service who are not allowed to disclose their sources of information and guarded by respective regulations where they work in. I’m finding Clause 7 (Confidentiality) contradicting Clause 3 (Integrity). While the latter has a room for identifying the sources of news if the lives of the source are at risk, the former is direct opposite in a way. Clause 8 (Misrepresentation):This clause identifies subterfuge as misrepresentation but still the clause give a leeway for journalists to use it to get information. By my understanding, subterfuge is getting news/information by means deception. By using ‘public interest’, the journalist/media enterprise will create an impression that the information is necessary in the interest of the public. The same applies to Clause 9 (Obscenities, Taste and Tone in Reporting). This clause mentions public interest in part (a) and (b), but why should images of the dead, or obscenities have to be published? There is no public interest in displaying such stuff not unless we are promoting the ‘Gutter Press.’ Clause 18 and Clause 19, should, in my view, be integrated with what is in existing legislatures such as Children Act and Sexual Offences Act respectively. Clause 24 (Advertisements): “...the editor should be guided by the Advertiser’s Code of Conduct.”Do we have such a Code in the public domain or it’s the property or individual media enterprises? Clause 25 (Hate Speech): Do we have a statutory definition of what constitutes to “Hate Speech”? What is the definition of “Hate Speech” according to the National Integration and Ethics Commission? Generally, looking at the Code of Conduct, it needs to be fully or partially integrated with the laws of the land for example the Defamation Act (Cap 36) can be a pointer in preventing media houses from defaming the image of people. In my view, clause 25 forms a basis for Cap 36. Media organizations MUST subscribe to the Code of Conduct as one of the basis for operating in Kenya. Those who refuse to prescribe to this Code should have their licences revoked, but then without a transition clause, it remains quiet impossible to effect this. -- *Solomon Mbũrũ Kamau* ***************************************************** *Man is a gregarious animal and enjoys agreement as cows will graze all the same way to the side of a hill!* AND *It is better to die in dignity than in the ignominy of ambiguous generosity! * http://smiley2.wordpress.com http://mburu.sikika.co.ke
Dear Walubengo, KK, Lydia, McTim, Edwin, Alice and Solomon for your contributions. A quick response. Walubengo, thanks for that pointer to the Tribunal that handles disputes in the ICT Sector. If it is working, it definitely is worth looking at how it operates. McTim, sorry about the outdated Code. I hope you will get a chance to look at the proposed one which does not differ much from the one in the Media Act of 2007. KK, I see your point about provocative headlines. Different media houses use catchy headlines to get the attention of the reader, and yes you have a point on the practicality of this. I also see your concern on article 12 of the code. Would say 'Jicho Pevu' be justifiable? In article 16, and just to follow on your concerns, I am just thinking that if a journalist has 500 shares of Mumias Sugar, will s/he need to disclose to the editor every time there is a story about mumias? I have no answer. I am also being hypothetical. Edwin, you raise an issue that we must pay attention to. I am happy that Alice has responded and raised the challenges of regulation of blogs and social media and even a major challenge of how they would be made to adhere to a code of conduct. Lydia, I agree with you that it would have been good to have media's contribution into this debate. I have no answer as to why they have not participated. Maybe they are just too busy or they have another platform. However, the contributions that have come from non-media people on this list have been very useful and will still inform the Bill, as the new constitution places people at the heart of policy making processes. Maybe media people on this list can respond to Lydia? Solomon thanks for going through the code and pointing out gaps. Your point about the need for media to be guided by tenets acceptable to wider population has been noted. In 1(a), did you mean that there is need to distinguish between a reporter, editor and broadcaster? On 1(b) and (c), I agree. 'Promptly' needs to have a specific time line. On 3 (a) I agree that the issue of confidentiality may need further debate. Further the contradiction on 7 and 3 is noted. On 9, I think you raise the issue of how 'public interest' will be determined. The need to integrate the Children's Act and the Sexual Offenses into 18 and 19 is noted. And yes, the national cohesion and integration commission has guidelines for monitoring hate speech in the electronic media. Hate speech is defined as any utterance or words intended to incite feelings or contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity, religion, or race. Rgds ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
Listers, My response fall immediately under the query on 1(a) below, which is a direct question put to me by the moderator: On 02/02/2011, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Dear Walubengo, KK, Lydia, McTim, Edwin, Alice and Solomon for your contributions. A quick response.
Walubengo, thanks for that pointer to the Tribunal that handles disputes in the ICT Sector. If it is working, it definitely is worth looking at how it operates.
McTim, sorry about the outdated Code. I hope you will get a chance to look at the proposed one which does not differ much from the one in the Media Act of 2007.
KK, I see your point about provocative headlines. Different media houses use catchy headlines to get the attention of the reader, and yes you have a point on the practicality of this. I also see your concern on article 12 of the code. Would say 'Jicho Pevu' be justifiable? In article 16, and just to follow on your concerns, I am just thinking that if a journalist has 500 shares of Mumias Sugar, will s/he need to disclose to the editor every time there is a story about mumias? I have no answer. I am also being hypothetical.
Edwin, you raise an issue that we must pay attention to. I am happy that Alice has responded and raised the challenges of regulation of blogs and social media and even a major challenge of how they would be made to adhere to a code of conduct.
Lydia, I agree with you that it would have been good to have media's contribution into this debate. I have no answer as to why they have not participated. Maybe they are just too busy or they have another platform. However, the contributions that have come from non-media people on this list have been very useful and will still inform the Bill, as the new constitution places people at the heart of policy making processes. Maybe media people on this list can respond to Lydia?
Solomon thanks for going through the code and pointing out gaps. Your point about the need for media to be guided by tenets acceptable to wider population has been noted.
In 1(a), did you mean that there is need to distinguish between a reporter, editor and broadcaster?
Yes I'd like a distinction in definition be made to a journalist, editor, reporter and broadcaster. Alternatively, the query can be satisfied, if it's paraphrased in the preliminary to define a journalist (n) as 'any person practicing the art of collecting, collating, researching, editing and publishing information by the use of electronic means ( TV, radio, the Internet) or publishing in print form ( Newspapers, magazines, journals etc)'. By this, it captures who indeed is a journalist, editor, reporter and a broadcaster, in my view.
On 1(b) and (c), I agree. 'Promptly' needs to have a specific time line. On 3 (a) I agree that the issue of confidentiality may need further debate. Further the contradiction on 7 and 3 is noted.
On 9, I think you raise the issue of how 'public interest' will be determined.
The need to integrate the Children's Act and the Sexual Offenses into 18 and 19 is noted.
And yes, the national cohesion and integration commission has guidelines for monitoring hate speech in the electronic media. Hate speech is defined as any utterance or words intended to incite feelings or contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity, religion, or race.
Rgds
----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
-- Regards, *Solomon Mbũrũ Kamau* ***************************************************** *Man is a gregarious animal and enjoys agreement as cows will graze all the same way to the side of a hill!* AND *It is better to die in dignity than in the ignominy of ambiguous generosity! * http://smiley2.wordpress.com
Dear Grace and all, My apologies for lack of participation this week. I was bogged down by work On the Monday question on financial provision, it is not realistic for the council not to receive funding from foreign governments. Even the government of Kenya gets funding from foreign governments and entities. It should be left to the council to source for funding from wherever it deems fit so as to achieve its objectives. I believe the current MCK has had collaboration with foreign governments and entities and it has worked for it. On the Complaints and Dispute Resolution, i see no problem with the chair having the legal profession background if his/her expertise will add value to its mandate. however i have trouble with the requirement of the person having 10 years experience in the high court. Five should suffice so that we don't lock out young geniuses. And i agree with Grace that the bill is not clear on whether the Complaints and Dispute Resolution Commission has the powers of a high court or will refer some of the disputes to the high court. On procedures upon complaint, the bill gives provision for 14 days from the date of receipt for it to be presented to the complaints committee and another 14 days within which feedback will be communicated after the dispute has been determined. The assumption here is that there will not arise a situation that needs urgent attention like was the case of encroachment and disconnection of links of KISS some years back. I think there should be provision for urgent resolutions. Code of conduct for the practice of journalism carries the core of the business and yes, the MCK code should be the minimum code that each media house and journalist should subscribe to. This will help ensure professionalism by all players in the industry. All media houses/ enterprises should be bound by the principles under the code of conduct at frequency and license allocation stage. Independence is hard to achieve in an industry that is more than 90% commercial owned . article 2(f) talks about inflencing news judgement and content "inappropriately" . Who would determine what is appropriate and inappropriate especially where coverage of biggest sponsors are concerned? How does article 5 - opportunity to reply fit in with complaints and disputes? Maybe article 6 and 7 should be merged and made clearer. I agree with the suggestion that the children s act and sexual offenses act should be integrated into 18 and 19. Apart from the Hate speech (article 25), the national cohesion and integration act should also be sought on article 22 (acts of violence) . This is in relation to adhering to the code of conduct while consciously ensuring peace. What has not come out clearly for me is the authority of the council vis a vis the media houses / employers in terms of upholding the profession. Is the practitioners protected from the owner/ employer if in keeping with the code of conduct one finds themselves at loggerheads with owners? Once again sorry for chipping in late. Cheers Rachael. ________________________________ From: Grace Githaiga <ggithaiga@hotmail.com> To: rachealnakitare@yahoo.co.uk Cc: kictanet@lists.kictanet.or.ke Sent: Wed, 2 February, 2011 16:46:22 Subject: Re: [kictanet] Media council Draft bill 2010 (Day Eight--Code of Conduct/Wrapping up) Dear Walubengo, KK, Lydia, McTim, Edwin, Alice and Solomon for your contributions. A quick response. Walubengo, thanks for that pointer to the Tribunal that handles disputes in the ICT Sector. If it is working, it definitely is worth looking at how it operates. McTim, sorry about the outdated Code. I hope you will get a chance to look at the proposed one which does not differ much from the one in the Media Act of 2007. KK, I see your point about provocative headlines. Different media houses use catchy headlines to get the attention of the reader, and yes you have a point on the practicality of this. I also see your concern on article 12 of the code. Would say 'Jicho Pevu' be justifiable? In article 16, and just to follow on your concerns, I am just thinking that if a journalist has 500 shares of Mumias Sugar, will s/he need to disclose to the editor every time there is a story about mumias? I have no answer. I am also being hypothetical. Edwin, you raise an issue that we must pay attention to. I am happy that Alice has responded and raised the challenges of regulation of blogs and social media and even a major challenge of how they would be made to adhere to a code of conduct. Lydia, I agree with you that it would have been good to have media's contribution into this debate. I have no answer as to why they have not participated. Maybe they are just too busy or they have another platform. However, the contributions that have come from non-media people on this list have been very useful and will still inform the Bill, as the new constitution places people at the heart of policy making processes. Maybe media people on this list can respond to Lydia? Solomon thanks for going through the code and pointing out gaps. Your point about the need for media to be guided by tenets acceptable to wider population has been noted. In 1(a), did you mean that there is need to distinguish between a reporter, editor and broadcaster? On 1(b) and (c), I agree. 'Promptly' needs to have a specific time line. On 3 (a) I agree that the issue of confidentiality may need further debate. Further the contradiction on 7 and 3 is noted. On 9, I think you raise the issue of how 'public interest' will be determined. The need to integrate the Children's Act and the Sexual Offenses into 18 and 19 is noted. And yes, the national cohesion and integration commission has guidelines for monitoring hate speech in the electronic media. Hate speech is defined as any utterance or words intended to incite feelings or contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity, religion, or race. Rgds ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
Hey Rachael, better late than never. It is even important that you have added your voice especially after Lydia raised the query that you media people have been kind of silent in this debate. Your point on the need to let the Council source for own funding that would help it achieve its objectives is noted. Other points on the complaints and dispute resolution, age requirement and on whether some disputes will be referred to the high court have also been noted. You raise an important point about the need to have a provision for urgent resolutions. Your comment on article 2(f) brings to point the issue of ownership and commercial interest’s vs editorial independence. Most important you have raised the issue of implementation of the Code by the Council and the protection of the practitioner who adheres to the code but collides with owners. I think this is a dilemma that needs clear thinking and how to move forward. Thanks Mburu for the clarification on the need to distinguish between a journalist, an editor and a broadcaster. Listers, here are the issues we have been able to identify today: 1. The MCK code should be the minimum code that each media house and journalist should subscribe, to ensure professionalism by all players in the industry. 2. There is need to distinguish in the definition of terms between a journalist, an editor, a reporter and a broadcaster. Suggestion to paraphrase who a journalist is…'any person practicing the art of collecting, collating, researching, editing and publishing information by the use of electronic means ( TV, radio, the Internet) or publishing in print form (Newspapers, magazines, journals etc)'. 3. Consider merging article 6 and 7 for clarity, integrate the Children's Act and the Sexual Offenses into 18 and 19. On 1(b) and (c), put a time frame, on 3 (a) build consensus on what confidentiality really is, and re-look at 7 and 3 so that there is no contradiction. Relook 1(e), 12 and 16 for clarity and to make them realistic. 4. What is the authority of the council vis a vis media houses? Is the practitioner protected from the owner/ employer if in keeping with the code of conduct one finds themselves at loggerheads with owners? 5. Consider Weblogs, social forums, as part of the new emerging media 'ecosystem' rather than in isolation. 6. Need for a transition clause in the Bill. And one that came in for the dispute Resolution MCK’s Complaints Commission should consider looking at the operations of the Communications Tribunal in the ICT sector which handles the disputes and see what aspects can be borrowed. Regards GG ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
Grace, The summary is well captured. Thank you. Regards, On 03/02/2011, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Hey Rachael, better late than never. It is even important that you have added your voice especially after Lydia raised the query that you media people have been kind of silent in this debate.
Your point on the need to let the Council source for own funding that would help it achieve its objectives is noted. Other points on the complaints and dispute resolution, age requirement and on whether some disputes will be referred to the high court have also been noted. You raise an important point about the need to have a provision for urgent resolutions.
Your comment on article 2(f) brings to point the issue of ownership and commercial interest’s vs editorial independence. Most important you have raised the issue of implementation of the Code by the Council and the protection of the practitioner who adheres to the code but collides with owners. I think this is a dilemma that needs clear thinking and how to move forward.
Thanks Mburu for the clarification on the need to distinguish between a journalist, an editor and a broadcaster.
Listers, here are the issues we have been able to identify today:
1. The MCK code should be the minimum code that each media house and journalist should subscribe, to ensure professionalism by all players in the industry.
2. There is need to distinguish in the definition of terms between a journalist, an editor, a reporter and a broadcaster. Suggestion to paraphrase who a journalist is…'any person practicing the art of collecting, collating, researching, editing and publishing information by the use of electronic means ( TV, radio, the Internet) or publishing in print form (Newspapers, magazines, journals etc)'.
3. Consider merging article 6 and 7 for clarity, integrate the Children's Act and the Sexual Offenses into 18 and 19. On 1(b) and (c), put a time frame, on 3 (a) build consensus on what confidentiality really is, and re-look at 7 and 3 so that there is no contradiction. Relook 1(e), 12 and 16 for clarity and to make them realistic.
4. What is the authority of the council vis a vis media houses? Is the practitioner protected from the owner/ employer if in keeping with the code of conduct one finds themselves at loggerheads with owners?
5. Consider Weblogs, social forums, as part of the new emerging media 'ecosystem' rather than in isolation.
6. Need for a transition clause in the Bill.
And one that came in for the dispute Resolution
MCK’s Complaints Commission should consider looking at the operations of the Communications Tribunal in the ICT sector which handles the disputes and see what aspects can be borrowed. Regards GG
----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
-- *Solomon Mbũrũ Kamau* ***************************************************** *Man is a gregarious animal and enjoys agreement as cows will graze all the same way to the side of a hill!* AND *It is better to die in dignity than in the ignominy of ambiguous generosity! * http://smiley2.wordpress.com http://mburu.sikika.co.ke
hey, i was thinking we should have some transitional clauses before the media bill comes into effect..perhaps an interim commission upto the time the bill shall comes into effect. On Thu, Feb 3, 2011 at 1:30 AM, Solomon Mburu Kamau <solo.mburu@gmail.com> wrote:
Grace,
The summary is well captured.
Thank you.
Regards,
On 03/02/2011, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Hey Rachael, better late than never. It is even important that you have added your voice especially after Lydia raised the query that you media people have been kind of silent in this debate.
Your point on the need to let the Council source for own funding that would help it achieve its objectives is noted. Other points on the complaints and dispute resolution, age requirement and on whether some disputes will be referred to the high court have also been noted. You raise an important point about the need to have a provision for urgent resolutions.
Your comment on article 2(f) brings to point the issue of ownership and commercial interest’s vs editorial independence. Most important you have raised the issue of implementation of the Code by the Council and the protection of the practitioner who adheres to the code but collides with owners. I think this is a dilemma that needs clear thinking and how to move forward.
Thanks Mburu for the clarification on the need to distinguish between a journalist, an editor and a broadcaster.
Listers, here are the issues we have been able to identify today:
1. The MCK code should be the minimum code that each media house and journalist should subscribe, to ensure professionalism by all players in the industry.
2. There is need to distinguish in the definition of terms between a journalist, an editor, a reporter and a broadcaster. Suggestion to paraphrase who a journalist is…'any person practicing the art of collecting, collating, researching, editing and publishing information by the use of electronic means ( TV, radio, the Internet) or publishing in print form (Newspapers, magazines, journals etc)'.
3. Consider merging article 6 and 7 for clarity, integrate the Children's Act and the Sexual Offenses into 18 and 19. On 1(b) and (c), put a time frame, on 3 (a) build consensus on what confidentiality really is, and re-look at 7 and 3 so that there is no contradiction. Relook 1(e), 12 and 16 for clarity and to make them realistic.
4. What is the authority of the council vis a vis media houses? Is the practitioner protected from the owner/ employer if in keeping with the code of conduct one finds themselves at loggerheads with owners?
5. Consider Weblogs, social forums, as part of the new emerging media 'ecosystem' rather than in isolation.
6. Need for a transition clause in the Bill.
And one that came in for the dispute Resolution
MCK’s Complaints Commission should consider looking at the operations of the Communications Tribunal in the ICT sector which handles the disputes and see what aspects can be borrowed. Regards GG
----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
-- *Solomon Mbũrũ Kamau*
***************************************************** *Man is a gregarious animal and enjoys agreement as cows will graze all the same way to the side of a hill!*
AND
*It is better to die in dignity than in the ignominy of ambiguous generosity! *
http://smiley2.wordpress.com http://mburu.sikika.co.ke
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Thanks Victor, Toby and KK. Victor, you are right on spot on the definition of who a journalist is Vs editorial control. I agree with you that there is a need to distinguish between individuals who choose to report/comment on issues as individuals, and those who do so as part of a professional organisation or media. And yes if you tweet, and CNN carries your story, it means that the story will be subjected to journalistic rules of objectivity/accuracy and fairness. CNN and by and large news organizations will have different rules of carrying a story from those of a non-news website and ofcourse the code of conduct would not apply to the later. Your point on the need to be careful not to censor individual censorship is noted, and yes your rights end where mine begin. On subjectivity of opinion pieces, this is an issue that needs further debate since the bill in its definition of what journalism is,confines it to collecting, writing, editing and presenting of news or news articles…A lot of opinion pieces are topical. Toby, we have noted your concern of Article 11(1)(c) and (e) of the bill which refer to subjective grounds for removing members from the Council, and therefore take your suggestion on the need to have a 2/3 vote of other Council members on this matter. I get your point on Articles 12 and 26 on remuneration, and the need to link this with benefits provided to an existing position. I imagine this would bring uniformity. Your concern on levies and fees 19(d) is noted. I agree with you on the need for the Council to produce an annual report of its activities, (article 23). On 36(1) yes it should be considered that these obligations be part of a code of conduct, through further consultations. KK, there is already a Media Council in place. The transition clause I have in mind is one that spells for example the time frame that the new rules should be effected at the Council, and what will be required for the current MCK to get itself into starting operations under the new rules (once the new rules take effect). Rgds GG ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
Dear Listers, After a healthy and heated debate on the Media Council Bill 2010, next week we will move on to the following discussion: Topic: The Independent Communications Commission of Kenya Bill 2010 Venue: Here on the KICTANET list Participants: You Duration: Mon. 7th Feb - Thur. 17 Feb. 2010 (or technically on 18 Feb. 2010) I have decided to send out this notice early enough so you have time to download the Bill and read it. The Bill has four main Chapters: CHAPTER I : INTRODUCTORY PROVISIONS: Definitions etc. CHAPTER II: INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA: Establishment of the Independent Communications Commission of Kenya. CHAPTER III: COMMITTEES CHAPTER IV: TRANSITIONAL PROVISIONS: Transfer of Staff FIRST SCHEDULE: LAWS AMENDED OR REPEALED : MEMORANDUM OF OBJECTS AND REASONS However, we will focus our discussions mainly on Chapter II, III and IV for obvious reasons. You can access 'The Independent Communications Commission of Kenya (ICCK) Bill' at the Ministry of Information and Communications website:http://www.information.go.ke/ To be more exact you can find it at: http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37 The ten day discussions will focus on critical and gnawing issues. We will summarize the discussions as we go along. Date Focus Mon 7 Feb. 2011 Object of the Act which is to establish an independent Commission... Tue 8 Feb. SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA' Wed 9 Feb SECTION 4: FUNCTIONS OF THE COMMISSION Thur 10 Feb. SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO COMMISSION SECTION 6: DISQUALIFICATION Friday 11 Feb. Day 5 and 6:
From p. 7-8 SECTION 7: TERMS OF OFFICE SECTION 8: REMOVAL FROM OFFICE SECTION 10: REMUNERATION SECTION 12: CONFLICT OF INTEREST Mon 14 Feb. SAME AS FRI. 11 FEB. 2011. Tue 15 Feb. SECTION 14: STAFF TO THE COMMISSION.
Wed 16 Feb. SECTION 18: DISSOLUTION OF CCK SECTION 19: TRANSFER OF STAFF SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS Thur 17 Feb SECTION 21: LEGAL PROCEEDINGS SECTION 22: LEGALITY OF ACTS Fri 18 Feb. Recap any pending issues that have not been dealt with in detail. See you all next week...I look forward to healthy discussions. Best Regards, Nyaki (or Dr. Catherine Adeya...as Alice had introduced me)
Thanks Nyaki, onto preliminaries i am having a problem with the word independent, it oozes rebellion and does not encourage Multistakeholderism could we vote on this on the first day, i propose we just retain the Communications Commision of Kenya, hatutaki Interim Independent Communications Commission of Kenya :-) On Thu, Feb 3, 2011 at 11:39 PM, Catherine Adeya <elizaslider@yahoo.com>wrote:
Dear Listers,
After a healthy and heated debate on the Media Council Bill 2010, next week we will move on to the following discussion:
Topic: The Independent Communications Commission of Kenya Bill 2010
Venue: Here on the KICTANET list
Participants: You
Duration: Mon. 7th Feb - Thur. 17 Feb. 2010 (or technically on 18 Feb. 2010)
I have decided to send out this notice early enough so you have time to download the Bill and read it. The Bill has four main Chapters:
*CHAPTER I : INTRODUCTORY PROVISIONS: *Definitions etc.
*CHAPTER II: INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA: *Establishment of the Independent Communications Commission of Kenya.
*CHAPTER III: COMMITTEES*
*CHAPTER IV: TRANSITIONAL PROVISIONS: *Transfer of Staff
*FIRST SCHEDULE: LAWS AMENDED OR REPEALED*
* : MEMORANDUM OF OBJECTS AND REASONS*
However, we will focus our discussions mainly on Chapter II, III and IV for obvious reasons.
You can access 'The Independent Communications Commission of Kenya (ICCK) Bill' at the Ministry of Information and Communications website: http://www.information.go.ke/
To be more exact you can find it at: http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37
The ten day discussions will focus on critical and gnawing issues. We will summarize the discussions as we go along.
*Date *
*Focus*
Mon 7 Feb. 2011
Object of the Act which is to establish an independent Commission...
Tue 8 Feb.
SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA'
Wed 9 Feb
SECTION 4: FUNCTIONS OF THE COMMISSION
Thur 10 Feb.
SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO COMMISSION
SECTION 6: DISQUALIFICATION
Friday 11 Feb.
*Day 5 and 6*:
From p. 7-8
SECTION 7: TERMS OF OFFICE
SECTION 8: REMOVAL FROM OFFICE
SECTION 10: REMUNERATION
SECTION 12: CONFLICT OF INTEREST
Mon 14 Feb.
SAME AS FRI. 11 FEB. 2011.
Tue 15 Feb.
SECTION 14: STAFF TO THE COMMISSION.
Wed 16 Feb.
SECTION 18: DISSOLUTION OF CCK
SECTION 19: TRANSFER OF STAFF
SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS
Thur 17 Feb
SECTION 21: LEGAL PROCEEDINGS
SECTION 22: LEGALITY OF ACTS
Fri 18 Feb.
Recap any pending issues that have not been dealt with in detail.
See you all next week...I look forward to healthy discussions.
Best Regards,
Nyaki (or Dr. Catherine Adeya...as Alice had introduced me)
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-- Barrack O. Otieno Afriregister Ltd (Kenya) www.afrire <http://www.afriregister.com>gister.bi, www.afriregister.com<http://www.afriergister.com> <http://www.afriregister.com>ICANN accredited registrar +254721325277 +254-20-2498789 Skype: barrack.otieno
thanks Barrack i agree..that should be the first thing we suggest should change On Fri, Feb 4, 2011 at 12:46 PM, Barrack Otieno <otieno.barrack@gmail.com>wrote:
Thanks Nyaki, onto preliminaries i am having a problem with the word independent, it oozes rebellion and does not encourage Multistakeholderism could we vote on this on the first day, i propose we just retain the Communications Commision of Kenya, hatutaki Interim Independent Communications Commission of Kenya :-)
On Thu, Feb 3, 2011 at 11:39 PM, Catherine Adeya <elizaslider@yahoo.com>wrote:
Dear Listers,
After a healthy and heated debate on the Media Council Bill 2010, next week we will move on to the following discussion:
Topic: The Independent Communications Commission of Kenya Bill 2010
Venue: Here on the KICTANET list
Participants: You
Duration: Mon. 7th Feb - Thur. 17 Feb. 2010 (or technically on 18 Feb. 2010)
I have decided to send out this notice early enough so you have time to download the Bill and read it. The Bill has four main Chapters:
*CHAPTER I : INTRODUCTORY PROVISIONS: *Definitions etc.
*CHAPTER II: INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA: *Establishment of the Independent Communications Commission of Kenya.
*CHAPTER III: COMMITTEES*
*CHAPTER IV: TRANSITIONAL PROVISIONS: *Transfer of Staff
*FIRST SCHEDULE: LAWS AMENDED OR REPEALED*
* : MEMORANDUM OF OBJECTS AND REASONS*
However, we will focus our discussions mainly on Chapter II, III and IV for obvious reasons.
You can access 'The Independent Communications Commission of Kenya (ICCK) Bill' at the Ministry of Information and Communications website: http://www.information.go.ke/
To be more exact you can find it at: http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37
The ten day discussions will focus on critical and gnawing issues. We will summarize the discussions as we go along.
*Date *
*Focus*
Mon 7 Feb. 2011
Object of the Act which is to establish an independent Commission...
Tue 8 Feb.
SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA'
Wed 9 Feb
SECTION 4: FUNCTIONS OF THE COMMISSION
Thur 10 Feb.
SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO COMMISSION
SECTION 6: DISQUALIFICATION
Friday 11 Feb.
*Day 5 and 6*:
From p. 7-8
SECTION 7: TERMS OF OFFICE
SECTION 8: REMOVAL FROM OFFICE
SECTION 10: REMUNERATION
SECTION 12: CONFLICT OF INTEREST
Mon 14 Feb.
SAME AS FRI. 11 FEB. 2011.
Tue 15 Feb.
SECTION 14: STAFF TO THE COMMISSION.
Wed 16 Feb.
SECTION 18: DISSOLUTION OF CCK
SECTION 19: TRANSFER OF STAFF
SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS
Thur 17 Feb
SECTION 21: LEGAL PROCEEDINGS
SECTION 22: LEGALITY OF ACTS
Fri 18 Feb.
Recap any pending issues that have not been dealt with in detail.
See you all next week...I look forward to healthy discussions.
Best Regards,
Nyaki (or Dr. Catherine Adeya...as Alice had introduced me)
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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 Afriregister Ltd (Kenya) www.afrire <http://www.afriregister.com>gister.bi, www.afriregister.com<http://www.afriergister.com> <http://www.afriregister.com>ICANN accredited registrar +254721325277 +254-20-2498789 <tel:+254202498789> Skype: barrack.otieno
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Barrack, Let us meet online with these thoughts on 14th...hold onto them...read the Bill and see if you still feel the same way, then I will certainly incorporate your comments to those responsible. Best Regards, Nyaki ________________________________ From: Barrack Otieno <otieno.barrack@gmail.com> To: Catherine Adeya <elizaslider@yahoo.com> Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Fri, February 4, 2011 9:46:10 AM Subject: Re: [kictanet] Forthcoming Discussions on the Independent Communications Commission of Kenya Bill 2010 Thanks Nyaki, onto preliminaries i am having a problem with the word independent, it oozes rebellion and does not encourage Multistakeholderism could we vote on this on the first day, i propose we just retain the Communications Commision of Kenya, hatutaki Interim Independent Communications Commission of Kenya :-) On Thu, Feb 3, 2011 at 11:39 PM, Catherine Adeya <elizaslider@yahoo.com> wrote: Dear Listers,
After a healthy and heated debate on the Media Council Bill 2010, next week we will move on to the following discussion: Topic: The Independent Communications Commission of Kenya Bill 2010 Venue: Here on the KICTANET list Participants: You Duration: Mon. 7th Feb - Thur. 17 Feb. 2010 (or technically on 18 Feb. 2010) I have decided to send out this notice early enough so you have time to download the Bill and read it. The Bill has four main Chapters: CHAPTER I : INTRODUCTORY PROVISIONS: Definitions etc. CHAPTER II: INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA: Establishment of the Independent Communications Commission of Kenya. CHAPTER III: COMMITTEES CHAPTER IV: TRANSITIONAL PROVISIONS: Transfer of Staff FIRST SCHEDULE: LAWS AMENDED OR REPEALED : MEMORANDUM OF OBJECTS AND REASONS
However, we will focus our discussions mainly on Chapter II, III and IV for obvious reasons. You can access 'The Independent Communications Commission of Kenya (ICCK) Bill' at the Ministry of Information and Communications website:http://www.information.go.ke/ To be more exact you can find it at: http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37
The ten day discussions will focus on critical and gnawing issues. We will summarize the discussions as we go along. Date Focus Mon 7 Feb. 2011 Object of the Act which is to establish an independent Commission...
Tue 8 Feb.
SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA'
Wed 9 Feb
SECTION 4: FUNCTIONS OF THE COMMISSION Thur 10 Feb.
SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO COMMISSION SECTION 6: DISQUALIFICATION Friday 11 Feb. Day 5 and 6: From p. 7-8 SECTION 7: TERMS OF OFFICE SECTION 8: REMOVAL FROM OFFICE SECTION 10: REMUNERATION SECTION 12: CONFLICT OF INTEREST Mon 14 Feb.
SAME AS FRI. 11 FEB. 2011. Tue 15 Feb.
SECTION 14: STAFF TO THE COMMISSION.
Wed 16 Feb.
SECTION 18: DISSOLUTION OF CCK SECTION 19: TRANSFER OF STAFF SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS Thur 17 Feb
SECTION 21: LEGAL PROCEEDINGS SECTION 22: LEGALITY OF ACTS Fri 18 Feb.
Recap any pending issues that have not been dealt with in detail.
See you all next week...I look forward to healthy discussions. Best Regards, Nyaki (or Dr. Catherine Adeya...as Alice had introduced me)
_______________________________________________ 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 Afriregister Ltd (Kenya) www.afriregister.bi, www.afriregister.com ICANN accredited registrar +254721325277 +254-20-2498789 Skype: barrack.otieno
Dear Listers, My apologies, I stand guided. I understand these discussions will now take place from 14th to 25 Feb. 2011. I will send you another reminder next week so for now just download the bill and read it. Best, Nyaki ________________________________ From: Catherine Adeya <elizaslider@yahoo.com> To: elizaslider@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Thu, February 3, 2011 8:39:34 PM Subject: [kictanet] Forthcoming Discussions on the Independent Communications Commission of Kenya Bill 2010 Dear Listers, After a healthy and heated debate on the Media Council Bill 2010, next week we will move on to the following discussion: Topic: The Independent Communications Commission of Kenya Bill 2010 Venue: Here on the KICTANET list Participants: You Duration: Mon. 7th Feb - Thur. 17 Feb. 2010 (or technically on 18 Feb. 2010) I have decided to send out this notice early enough so you have time to download the Bill and read it. The Bill has four main Chapters: CHAPTER I : INTRODUCTORY PROVISIONS: Definitions etc. CHAPTER II: INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA: Establishment of the Independent Communications Commission of Kenya. CHAPTER III: COMMITTEES CHAPTER IV: TRANSITIONAL PROVISIONS: Transfer of Staff FIRST SCHEDULE: LAWS AMENDED OR REPEALED : MEMORANDUM OF OBJECTS AND REASONS However, we will focus our discussions mainly on Chapter II, III and IV for obvious reasons. You can access 'The Independent Communications Commission of Kenya (ICCK) Bill' at the Ministry of Information and Communications website:http://www.information.go.ke/ To be more exact you can find it at: http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37 The ten day discussions will focus on critical and gnawing issues. We will summarize the discussions as we go along. Date Focus Mon 7 Feb. 2011 Object of the Act which is to establish an independent Commission... Tue 8 Feb. SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA' Wed 9 Feb SECTION 4: FUNCTIONS OF THE COMMISSION Thur 10 Feb. SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO COMMISSION SECTION 6: DISQUALIFICATION Friday 11 Feb. Day 5 and 6:
From p. 7-8 SECTION 7: TERMS OF OFFICE SECTION 8: REMOVAL FROM OFFICE SECTION 10: REMUNERATION SECTION 12: CONFLICT OF INTEREST Mon 14 Feb. SAME AS FRI. 11 FEB. 2011. Tue 15 Feb. SECTION 14: STAFF TO THE COMMISSION.
Wed 16 Feb. SECTION 18: DISSOLUTION OF CCK SECTION 19: TRANSFER OF STAFF SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS Thur 17 Feb SECTION 21: LEGAL PROCEEDINGS SECTION 22: LEGALITY OF ACTS Fri 18 Feb. Recap any pending issues that have not been dealt with in detail. See you all next week...I look forward to healthy discussions. Best Regards, Nyaki (or Dr. Catherine Adeya...as Alice had introduced me)
Thanks Nyaki, looking forwad to the discussion. Best Regards On Fri, Feb 4, 2011 at 2:39 PM, Catherine Adeya <elizaslider@yahoo.com>wrote:
Dear Listers,
My apologies, I stand guided. I understand these discussions will now take place from 14th to 25 Feb. 2011. I will send you another reminder next week so for now just download the bill and read it.
Best,
Nyaki
------------------------------ *From:* Catherine Adeya <elizaslider@yahoo.com> *To:* elizaslider@yahoo.com *Cc:* KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> *Sent:* Thu, February 3, 2011 8:39:34 PM *Subject:* [kictanet] Forthcoming Discussions on the Independent Communications Commission of Kenya Bill 2010
Dear Listers,
After a healthy and heated debate on the Media Council Bill 2010, next week we will move on to the following discussion:
Topic: The Independent Communications Commission of Kenya Bill 2010
Venue: Here on the KICTANET list
Participants: You
Duration: Mon. 7th Feb - Thur. 17 Feb. 2010 (or technically on 18 Feb. 2010)
I have decided to send out this notice early enough so you have time to download the Bill and read it. The Bill has four main Chapters:
*CHAPTER I : INTRODUCTORY PROVISIONS: *Definitions etc.
*CHAPTER II: INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA: *Establishment of the Independent Communications Commission of Kenya.
*CHAPTER III: COMMITTEES*
*CHAPTER IV: TRANSITIONAL PROVISIONS: *Transfer of Staff
*FIRST SCHEDULE: LAWS AMENDED OR REPEALED*
* : MEMORANDUM OF OBJECTS AND REASONS*
However, we will focus our discussions mainly on Chapter II, III and IV for obvious reasons.
You can access 'The Independent Communications Commission of Kenya (ICCK) Bill' at the Ministry of Information and Communications website: http://www.information.go.ke/
To be more exact you can find it at: http://www.information.go.ke/index2.php?option=com_docman&task=doc_view&gid=19&Itemid=37
The ten day discussions will focus on critical and gnawing issues. We will summarize the discussions as we go along.
*Date *
*Focus*
Mon 7 Feb. 2011
Object of the Act which is to establish an independent Commission...
Tue 8 Feb.
SECTION 3: THE 'ESTABLISHMENT OF INDEPENDENT COMMUNICATIONS COMMISSION OF KENYA'
Wed 9 Feb
SECTION 4: FUNCTIONS OF THE COMMISSION
Thur 10 Feb.
SECTION 5: CONSTITUTION AND APPOINTMENT OF COMMISSIONERS TO COMMISSION
SECTION 6: DISQUALIFICATION
Friday 11 Feb.
*Day 5 and 6*:
From p. 7-8
SECTION 7: TERMS OF OFFICE
SECTION 8: REMOVAL FROM OFFICE
SECTION 10: REMUNERATION
SECTION 12: CONFLICT OF INTEREST
Mon 14 Feb.
SAME AS FRI. 11 FEB. 2011.
Tue 15 Feb.
SECTION 14: STAFF TO THE COMMISSION.
Wed 16 Feb.
SECTION 18: DISSOLUTION OF CCK
SECTION 19: TRANSFER OF STAFF
SECTION 20: TRANSFER OF RIGHTS, LIABILITIES, OBLIGATIONS
Thur 17 Feb
SECTION 21: LEGAL PROCEEDINGS
SECTION 22: LEGALITY OF ACTS
Fri 18 Feb.
Recap any pending issues that have not been dealt with in detail.
See you all next week...I look forward to healthy discussions.
Best Regards,
Nyaki (or Dr. Catherine Adeya...as Alice had introduced me)
_______________________________________________ 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 Afriregister Ltd (Kenya) www.afrire <http://www.afriregister.com>gister.bi, www.afriregister.com<http://www.afriergister.com> <http://www.afriregister.com>ICANN accredited registrar +254721325277 +254-20-2498789 Skype: barrack.otieno
Dear Listers Today, we wrap up our debate on the Media Bill 2010. The last ten days have seen contributions on the various articles of the Bill, concerns have been raised and recommendations made. A big thank you to all who contributed and made this debate a success, and to those who read the contributions. A full report will be available after the validation workshop (date to be advised). In the meantime, here is a summary of issues. A SUMMARY OF AGREED ISSUES AND ISSUES ON WHICH THERE WAS NO CONSENSES IN THE PROPOSED MEDIA BILL 2010 AGREED ISSUES/PROVISIONS · MCK should be composed of diverse professionals and should contain persons with a wide range of expertise · There should be a minimum number of members in the MCK who are drawn from the media · There is need for the MCK to reflect gender parity · MCK members should prescribe to the leadership and integrity principles stated in Chapter 6 of the constitution · The position of chair in the MCK should not be exclusive to advocates as it will lead to exclusion of other professionals and should be open to all members of the MCK · The JSC should not be the body mandated with appointment of members of the MCK as this is outside the mandate of the JSC as prescribed by Article 172 of the Constitution · MCK should be independent from the government and the government should not have a say in who is appointed to the MCK · The Bill does not provide for appointment of the Chair; the chair should be elected by board members · Article 7&10 of the Bill are duplicates of each other and should be merged · MCK members should only be appointed for a maximum of two terms · Voting should be done by secret ballot · MCK should not be barred from receiving funds from foreign sources · The Chair of the Complaints Commission should not necessarily be an advocate · The MCK should appoint the chair of the Complaints Commission · Complaints to the Complaints Commission should be judged against an established code of conduct to be adopted by the MCK MCK’s Complaints Commission should consider looking at the operations of the Communications Tribunal in the ICT sector which handles the disputes and see what aspects can be borrowed. · 2/3 of members of MCK should vote to remove a member referred to in Article 11(1)(c) and (e) of the bill Council members on this matter. · Link benefits of members to existing positions say in those of other commissions in Articles 12 and 26 on remuneration. · In addition to producing an annual financial report, the Council should produce an annual report of its activities (article 23). · The obligations in 36(1) be considered as part of a code of conduct, through further consultations with stakeholders. · There is a contradiction between Clause 3 on Integrity and Clause 7 on Confidentiality in the Code of Conduct · Clause 18 &19 of the Code of Conduct should reflect the principles enshrined in the Children’s Act and Sexual Offences Act. · The MCK code of conduct should be a minimum standard to which all media enterprises and journalists must subscribe to. ISSUES ON WHICH THERE WAS NO CONSENSUS · Is MCK best placed to perform the function of regulating media professionals? · Will the proposed MCK enhance professionalism or merely curtail freedom of expression? · Is there an overlap between the functions of MCK and BCAC? · Is there a need for both MCK and BCAC? · The definition of media and media enterprise does not satisfactorily draw a distinction between the two · The definition of ‘journalist’ is unsatisfactory; should it exclude bloggers and include reporters? · Consider Weblogs, social forums, as part of the new emerging media 'ecosystem' rather than in isolation. · Should there be a minimum educational standard for journalists? · Registration of journalists should be discouraged as it impedes freedom of expression · Accreditation of journalists is not necessary save for special circumstances such as when there is a major media-worthy event as it impedes freedom of expression · Should mass communication be the only qualification that would make someone eligible to be a journalist? What about a degree in Social Sciences? · Does the requirement that a member of the MCK should have a distinguished career in the relevant fields enumerated in Section 7 lock out the youth from positions in the Council? · How should decisions of the MCK be published? Should publication in the gazette be mandatory? · Should the Complaints Commission’s decisions have the force of High Court orders? · Does the giving of an apology as one of the MCK’s sanctions infringe on the freedom of expression? · How will confidential sources (code of conduct) of information be protected? · Should the MCK be the one charged with the mandate to set levies and fees that it would require journalists, media enterprises to pay to it? · Is MCK able to enforce the Code of Conduct in such a way that media houses comply, and ordinary journalists practice without fear of the ownership? · Text for a transition clause. With Kind Regards Grace ----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
Thanks Grace, The definition of ‘journalist’ is unsatisfactory; should it exclude bloggers and include reporters? IMHO, we should not debate about the definition of a journalist, this is a profession and has to be guided by the basic tenets of the profession, blogging is an emerging trend, one important output of this discourse should be to promote and protect the journalism profession and the Media as an industry so as to ensure it contributes to the vision and aspirations of this nation,, (Freedom of expression can easily result in verbal diarrhoea which is lethal for a nation, an element of institutionalised benevolent dictatorship is required ) i would have loved to see many journalists contribute to this debate since it shapes their industry and the nation in general , as ICT practitioners and legal experts we might only share opinions nonetheless, congratulations Grace for a great job On Fri, Feb 4, 2011 at 12:00 AM, Grace Githaiga <ggithaiga@hotmail.com>wrote:
Dear Listers
Today, we wrap up our debate on the Media Bill 2010.
The last ten days have seen contributions on the various articles of the Bill, concerns have been raised and recommendations made. A big thank you to all who contributed and made this debate a success, and to those who read the contributions.
A full report will be available after the validation workshop (date to be advised). In the meantime, here is a summary of issues.
**
**
*A SUMMARY OF AGREED ISSUES AND ISSUES ON WHICH THERE WAS NO CONSENSES IN THE PROPOSED MEDIA BILL 2010*
**
*AGREED ISSUES/PROVISIONS*
· MCK should be composed of diverse professionals and should contain persons with a wide range of expertise**
· There should be a minimum number of members in the MCK who are drawn from the media**
· There is need for the MCK to reflect gender parity
· MCK members should prescribe to the leadership and integrity principles stated in Chapter 6 of the constitution
· The position of chair in the MCK should not be exclusive to advocates as it will lead to exclusion of other professionals and should be open to all members of the MCK**
· The JSC should not be the body mandated with appointment of members of the MCK as this is outside the mandate of the JSC as prescribed by Article 172 of the Constitution
· MCK should be independent from the government and the government should not have a say in who is appointed to the MCK
· The Bill does not provide for appointment of the Chair; the chair should be elected by board members
· Article 7&10 of the Bill are duplicates of each other and should be merged
· MCK members should only be appointed for a maximum of two terms
· Voting should be done by secret ballot
· MCK should not be barred from receiving funds from foreign sources
· The Chair of the Complaints Commission should not necessarily be an advocate
· The MCK should appoint the chair of the Complaints Commission
· Complaints to the Complaints Commission should be judged against an established code of conduct to be adopted by the MCK
MCK’s Complaints Commission should consider looking at the operations of the Communications Tribunal in the ICT sector which handles the disputes and see what aspects can be borrowed.
· 2/3 of members of MCK should vote to remove a member referred to in Article 11(1)(c) and (e) of the bill Council members on this matter.
· Link benefits of members to existing positions say in those of other commissions in Articles 12 and 26 on remuneration.
· In addition to producing an annual financial report, the Council should produce an annual report of its activities (article 23).
· The obligations in 36(1) be considered as part of a code of conduct, through further consultations with stakeholders.
· There is a contradiction between Clause 3 on Integrity and Clause 7 on Confidentiality in the Code of Conduct
· Clause 18 &19 of the Code of Conduct should reflect the principles enshrined in the Children’s Act and Sexual Offences Act.
· The MCK code of conduct should be a minimum standard to which all media enterprises and journalists must subscribe to.
* *
*ISSUES ON WHICH THERE WAS NO CONSENSUS*
· Is MCK best placed to perform the function of regulating media professionals?
· Will the proposed MCK enhance professionalism or merely curtail freedom of expression?
· Is there an overlap between the functions of MCK and BCAC?
· Is there a need for both MCK and BCAC?
· The definition of media and media enterprise does not satisfactorily draw a distinction between the two
· The definition of ‘journalist’ is unsatisfactory; should it exclude bloggers and include reporters?
· Consider Weblogs, social forums, as part of the new emerging media 'ecosystem' rather than in isolation.
· Should there be a minimum educational standard for journalists?
· Registration of journalists should be discouraged as it impedes freedom of expression
· Accreditation of journalists is not necessary save for special circumstances such as when there is a major media-worthy event as it impedes freedom of expression
· Should mass communication be the only qualification that would make someone eligible to be a journalist? What about a degree in Social Sciences?
· Does the requirement that a member of the MCK should have a distinguished career in the relevant fields enumerated in Section 7 lock out the youth from positions in the Council?
· How should decisions of the MCK be published? Should publication in the gazette be mandatory?
· Should the Complaints Commission’s decisions have the force of High Court orders?
· Does the giving of an apology as one of the MCK’s sanctions infringe on the freedom of expression?
· How will confidential sources (code of conduct) of information be protected?
· Should the MCK be the one charged with the mandate to set levies and fees that it would require journalists, media enterprises to pay to it?
· Is MCK able to enforce the Code of Conduct in such a way that media houses comply, and ordinary journalists practice without fear of the ownership?
· Text for a transition clause.
With Kind Regards
Grace **
----------------------------------------------------------------------------------- If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: otieno.barrack@gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/otieno.barrack%40gmail....
-- Barrack O. Otieno Afriregister Ltd (Kenya) www.afrire <http://www.afriregister.com>gister.bi, www.afriregister.com<http://www.afriergister.com> <http://www.afriregister.com>ICANN accredited registrar +254721325277 +254-20-2498789 Skype: barrack.otieno
Barrack, On Fri, Feb 4, 2011 at 12:37 PM, Barrack Otieno <otieno.barrack@gmail.com> wrote:
Thanks Grace, The definition of ‘journalist’ is unsatisfactory; should it exclude bloggers and include reporters? IMHO, we should not debate about the definition of a journalist, this is a profession and has to be guided by the basic tenets of the profession, blogging is an emerging trend, one important output of this discourse should be to promote and protect the journalism profession and the Media as an industry so as to ensure it contributes to the vision and aspirations of this nation,, (Freedom of expression can easily result in verbal diarrhoea which is lethal for a nation
I would say the freedom to write/publish what one wishes (as long as it is not libelous/slanderous) is VITAL for a nation. , an element of institutionalised benevolent
dictatorship is required )
I would say that such a dictatorship, no matter how benevolent is anathema to a Free Press, and detrimental to the nation. i would have loved to see many journalists
contribute to this debate since it shapes their industry and the nation in general
+1 -- Cheers, McTim "A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel
Dear Listers As indicated in an earlier message, today is left for anyone to raise any concerns on the MCK Bill that we may or may not have touched on. Feel free to let us know what you feel. And our last day tomorrow, we will just summarise what has emerged as a result of our 10 day discussion. Regards Grace
participants (7)
-
Barrack Otieno -
Catherine Adeya -
Grace Githaiga -
k.k. ombati -
McTim -
Racheal Nakitare -
Solomon Mburu Kamau