welcome development, I think we are witnessing stakeholders first exchanging olive leaves, then they it will exchange branches,,, perhaps whole olive trees in due course... 'convergence' to take place at the truth,,, away from 'combatants' entrenching their dug-in positions;) On Thu, Jan 8, 2009 at 10:54 AM, Wainaina Mungai <wainaina@madeinkenya.org> wrote:

It's really good to hear of the intended approach.

The previous experience has been as was stated in the submissions of the Media Institute. The Media Institute recommended the withdrawal of the Bill but also placed the blame squarely on the media leadership (MoA etc).

During the policy level discussions in 2004 & after, the media remained aloof to the idea of participation in multistakeholder processes. It is this trend that led to the last-minute response by media. If things have changed, then that's one problem solved for other sector player.

Wainaina

On 1/8/09, David Aduda <daduda@nation.co.ke> wrote:

...

Wainana,

The media, and not only Media Owners Associations, but editors, journalists, TV and Radio anchors and producers, have always been ready for dialogue and honest one at that. We don't know your criteria for the so-called "well-thought out" memorandum, but we can assure that we had prepared many documents, which we presented to the minister, PS and PM. We will revisit them and prepare something and hopefully it will "well-though and devoid of propoganda".

Aduda

...

---------- From: kictanet-bounces+daduda=nation.co.ke@lists.kictanet.or.ke on behalf of Wainaina Mungai Sent: Wednesday, January 7, 2009 10:52 PM To: David Aduda Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki signs Bill into law

The Presidential directive to Hon. Poghisio & Hon. Amos Wako has set the pace for a new engagement strategy. Let's hope it brings to an end the "drama queen" strategy used by media owners so far.

The media owners will need to present well thought-out memoranda devoid of propanganda. I hope they are ready to engage in the same way as the ICT sector did.

The proposals by media owners must be subjected to objective debate in the longterm interests of the nation.

Wainaina

On 1/7/09, Wainaina Mungai <wainaina@madeinkenya.org> wrote:

...

It sounds like Tanzania has a very objective Media Council.

They recognise that the law is abit too tough but they believe the Kenyan media brought it upon themselves when they failed to self-regulate.

Through the one-sided campaign, it is clear that the media has no intention to implement true self-regulation. Individual media houses are now setting standards and walking away from the biased "group mind" approach to issues.

Let's hope that Kenya's Media Council will learn from Tanzanians.

Wainaina

On 1/7/09, Jotham Kilimo Mwale <jokilimo@yahoo.com> wrote:

...

Hi All,

Just came across this view of our Act from Media Council of Tanzania.

http://www.dailynews.habarileo.co.tz/magazine/index.php?id=9330

Interesting.

Regards,

Jotham K. Mwale

--- On Tue, 1/6/09, Akich Kwach <kwach@archway-productions.com> wrote:

From: Akich Kwach <kwach@archway-productions.com> Subject: Re: [kictanet] Kibaki signs Bill into law To: jokilimo@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke> Date: Tuesday, January 6, 2009, 1:14 AM

Hi All,

I think it is time time we stopped blaiming our brother and sisters from the media. It is said that if you were in their shoes, you would be shouting loudest like them. I believe they have a point and I do agree with Dorcas Muthoni, the style or approach by the media team might be the problem. As they seek for freedom, they have to be visionery. I am reminded of the wise advice by Lyndon Johnson, a former US president "You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered."

To set the records straight, I do support the signing of the Bill and the rest of the amendments can be lobbied for later. It is sad the Wanjikus, Atienos and Moraas outside Nairobi would find it difficult to know the benefits the new law carries because the same media that should have passed the message is still in a "mourning period". How can we help spread the message?

I look forward to the discussions as stated by Walu

Akich Kwach

----- Original Message ----- From: "Barrack Otieno" <otieno.barrack@gmail.com> To: <kwach@archway-productions.com> Cc: "KICTAnet ICT Policy Discussions"> <kictanet@lists.kictanet.or.ke> Sent: Monday, January 05, 2009 10:29 PM Subject: Re: [kictanet] Kibaki signs Bill into law

You have a point David, this convergence business is a bit confusing to the waheshimiwa as well as a good number of Kenyans, i bet eighty percent might no understand what is going on, Alex you seem to be having some answers though your answers are too complicated :) Let the debate continue

...

Barrack, I don't see our pt of diff. Media are the first users of ict and thea is no doubt ict is imptant in a modern ecoomy. But that's it. So is freedom of speech and access to information. And we don't have to compare media and ict. What I state and repeat is

...

China has all the ict you want but wat kind of society is it. You can't enjoy ict in a repressive environment. And this country is in

...

I have written too much and may be I feel too strongly about this but no emotions. Straight shooting perhaps. David

Sent from my BlackBerry(R) wireless device

-----Original Message----- From: "Barrack Otieno" <otieno.barrack@gmail.com>

Date: Mon, 5 Jan 2009 20:36:51 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki signs Bill into law

Bwana Makali, I think you are being sensational, lets try and get emotions out of this argument, for as long as i can remember media practioners have always rubbished the role of ICT in the countries socio-political landscape, i witnessed this behaviour in a forum sponsored by Unesco at the Grand Regency a couple of years ago which was apparently chaired by CEO's from leading media houses and i can see bwana makali repeating it on this list which is unaccepatble here even though we are democratic!!, give us a break sir. None the less may be we need our own ministry as Dr Siganga says to champion the ICT agenda and save us from this circus. The Media has a point and we all agree that there are contentious issues that need to be sorted out however let reason prevail, we have instituions in place to handle this kind of problems and they need to be put into use

On Mon, Jan 5, 2009 at 6:59 PM, <dmakali@yahoo.com> wrote: > The media's ref to the comm amendm bill 2008 (yuck!) as media or ict bill is attributable to two factors. The media have a right and an editorial

...

> Second, the media have a right to christen anything for ease of reference. Why aren't you media phobes complaining about ndungu, waki, kriegler or whatever other commissions that don't exist in fact and which you have quite happily swallowed? wats wrong with the media or ict or (next)

...

> Finally, of course, some media could just have failed to see the bigger picture and erroneously referred to it as media bill. In which case

...

> Let's face the facts. The law has bad provisions that only myopic and selfish people or those with axes to grind the media can't see. Unfortunately, it takes a very short time before the reality catches up with such people wen they find themselves on the receiving end. > Jog your memory. > David > Sent from my BlackBerry(R) wireless device > > -----Original Message----- > From: "waudo siganga" <emailsignet@mailcan.com> > > Date: Mon, 05 Jan 2009 18:35:00 > To: <dmakali@yahoo.com> > Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> > Subject: Re: [kictanet] Kibaki signs Bill into law > > > Thanks for noting the changing goal posts in terms of the title of

...

> Law Alice. In fact a short while ago some referred to it as the "ICT > Bill" before briefly reverting to Kenya Communications (Amendment) Bill > 2008 and then finally resting at "Media Bill". For me I

...

> understand the reasons for this confusion, particularly for the

...

> this is a compound Law in one basket. The lesson I learn is that in > future we need to change some things otherwise it is possible to > reach a > stage where useful ICT Policy, Legislative and regulatory > development > processes are held back by things that really have nothing to do > with > ICT. What if the courier services who are now regulated by this Law had > successfully opposed it? We would be missing e-transactions legislation > simply because of a function that has nothing to do with ICT. > For starters, the Government should restructure so that we have an > ICT > only Ministry like they have in India, Egypt, Mauritius and other > countries worth copying. For many years after independence we had a > Ministry of Information and Broadcasting. That Minstry should be revived > to focus on the interests of our media brothers. > Right now it is very difficult to pin down what is "ICT" in Kenya. Some > of the issues being brought under the umbrella of "ICT" are

...

> the real ICT people cannot contribute to. Some people are saying > everything is OK because of "convergence". But as can be seen, even > trying to converge Laws is an issue unto itself. > > Waudo > On Mon, 05 Jan 2009 17:47:32 +0300, "alice" <alice@apc.org> said: >> I agree and for Pete's/Jane's sake could media drop the "media bill" >> reference. It is the Kenya Communications (Amendment) bill 2008, which >> covers much much more than broadcasting issues. and much more >> importantly it finally deals with issues of convergence from a >> technological, content, regulatory, as well as economic

...

>> is important that the communications "sector" adapts to

...

>> convergence trend/scenario, because it will provide for expansion> of >> universal access to ICTs, in terms of reducing costs while stimulating >> economic and social growth. This can only be done through appropriate >> ICT policy and regulatory mechanisms, which the bill provides for. >> >> What we should be focusing on are the challenges that will come with >> this dynamic because adaption to convergence is not the end point. >> >> >> >> best >> alice >> >> p.s. views are personal and not a reflection of any of the >> institutions/organisations I am affiliated with. >> >> > Great suggestions, >> > >> > I feel we can support the media but not in-toto. >> > >> > First, it would be nice of the MoA et. al. to let go of the negative >> > "Media Bill" campaign and engage constructively with other players. >> > >> > Secondly, media should consider calling ICT advocacy

...

>> > a forum where they can share how ICT issues have successfully been >> > incorporated without the animosity that is common when advocating for >> > media issues. >> > >> > I believe the media needs to feel secure that if their arguments are >> > valid, they'll have our undivided support....issue by issue. >> > >> > Wainaina >> > >> > On 1/4/09, Bill Kagai <billkagai@gmail.com> wrote: >> > >> >> The 4 fundamentals; >> >> >> >> 1. When the Media fraternity suggested the bill be rejected in-toto, >> ICT >> >> sector players felt this was akin to pouring the birth water together >> with >> >> the baby. Personally I am happy the ICT issues did not go down the >> drain. >> >> And I think that was what many of us were asking for. >> >> >> >> 2. The Media has genuine concerns as Haron Ndubi articulated in his >> legal >> >> opinion on the probibity of the bill. However, the Media completely >> blacked >> >> out ICT sector concerns during our campaign to have the bill signed. >> We even >> >> went out of the way to show the remedies to the issues

...

>> >> miscelleneous amendment bill as suggested in the very fast legal >> opinion >> >> whose author requested we keep his/her identity anonymous. >> >> >> >> 3. ICT players and especially Kictanet ought to prove it's the bigger >> wo/man >> >> by showing solidarity in the front-line with our cousins in the Media >> >> looking for a way out of the quagmire. We do not have to ignore them >> simply >> >> because they refused to side with us in our campaign. >> >> >> >> 4. We are extremely careless in handling crisis. If you are familiar >> with >> >> Newton's method of factoring variable change and the Monty Hall >> >> Paradox<http://en.wikipedia.org/wiki/Monty_Hall_paradox>, >> >> then we can analyse the options the President had mathematically. >> >> 4a) Sign Bill >> >> 4b) Don't Sign Bill >> >> 4c) Do nothing and hold Kenyans in suspense. >> >> >> >> Each option had a 33% probability of being the 'right' decision. So, >> >> assuming he had not seen the bill earlier since he was not the author >> and >> >> had decided not to sign the bill following the Media owners petition, >> was it >> >> wise to change his decision from 'Don't Sign' to 'Sign'?? >> >> Monty Hall <http://en.wikipedia.org/wiki/Monty_Hall_paradox> proves >> that >> >> changing the decision increases the probability of getting it 'right' >> to >> >> 66.6%. And that is proven by the fact that we [in ICT] feel content >> and >> >> support ways of also making our brothers in the media achieve 'State >> of >> >> Nirvana'. This bill will also give the Minister of> Finance some >> head-up >> >> before he dismisses innovations such as M-Pesa without

...

>> >> >> >> Conclusion; >> >> For Makali, Openda, Kaikai and other leading Media

...

>> >> are on this list, why don't you invite ICT stakeholders in to your >> media >> >> stations to engage Kenyans on what is good and what is bad in the ICT >> [not >> >> Media] bill so that we can fight together against what we feel is not >> good?? >> >> This has nothing to do with whether the grand coalition will hold or >> not, >> >> since neither the Right Honourable nor His Excellency drafted this >> bill. We >> >> did and the buck should stop with us!!! >> >> >> >> -- >> >> Bildad Kagai >> >> MD - MediaCorp Limited >> >> Nairobi Stock Exchange Authorised Information Vendor >> >> Suite B2, Tetu Court, State House Avenue >> >> P. O. Box 20311 - 00200 >> >> Nairobi, Kenya >> >> Tel. 254 20 272 8332 >> >> Fax. Rendered Obsolete >> >> S - 1°17'13.8" >> >> E - 36°48'22.7" >> >> www.mediacorp.co.ke >> >> --- >> >> >> >> >> >> On Sun, Jan 4, 2009 at 6:21 PM, alice <alice@apc.org> wrote: >> >> >> >> >> >>> Thank you Wainaina. Happy 2009. >> >>> Now that the bill has been signed, what does the ICT industry think >>> about >> >>> this whole debate? especially those who have worked for such a long >>> time >> >>> with government to introduce legislation for the sector? >> >>> >> >>> best >> >>> alice >> >>> >> >>> Happy New Year for ICT development in Kenya. >> >>> >> >>>> We can now look at the Media's concerns on

On Mon, Jan 5, 2009 at 9:14 PM, <dmakali@yahoo.com> wrote: the tendency by ict buffs to think only ict in isolation or see nothing wrong else with the aw as long as their concerns are taken care of, then say dismissively that there are other iinstitutions to deal with their legitimate concerns or reason should prevail. Which? How come ict folks are not raising their voices on thoz issues they acknowledge media have except as btw or in a back handed manner? Am very awake to the fact the country desperately needed to kick up the ict sector with facilitative legislation. I have personally suffered from its lacking. But we can't gloss over fundamental issues out of that desperation! the cusp of potential tyranny midwifed by our unresolved political equations that we are just about to begin to resolve. If any political axis should be handed control over the media, even with its weaknesses, you will rue the day you dismissed our protestations. licence to abbreviate long and cumbersome names. Do you guys know how difficult it is to write headlines? Write one to test your editorial skills - 25 letters across 40cms and include all that communications bla bla!?> postal bill if it captures the essence of what is on the table or disputed? I find it trite argument to insist that the media have misrepresented the bill. If there is nothing contestable about the others, or they are less controversial or for whatever reason they dim in significance, what is the big deal? that all fair in war and love. You can't moan till morning. this think I public: those that perspective. it this global personalities to through the prior >> knowledge. personalities who >> I know the Kenya Communications

...

>> >>>> Act and support whatever amendments may be justified. >> >>>> >> >>>> Wainaina >> >>>> >> >>>> >> >>>> >> >>>> >> >>> >> >>>_______________________________________________ >> >>> kictanet mailing list >> >>> kictanet@lists.kictanet.or.ke >> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >>> >> >>> This message was sent to: billkagai@gmail.com >> >>> Unsubscribe or change your options at >> >>> http://lists.kictanet.or.ke/mailman/options/kictanet/billkagai%40gmail.com >> >>> >> >>> >> > >> > >> >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet@lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: emailsignet@mailcan.com >> Unsubscribe or change your options at >> http://lists.kictanet.or.ke/mailman/options/kictanet/emailsignet%40mailcan.c... > > _______________________________________________ > 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.... >

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I tend to think we ought to now move a notch higher and look at these issues from the higher and superior perspective of Constitution making framework. Shifting into second gear should now encompass ensuring that the Media fraternity confines itself into issues regarding specific sections in the ICT Act whilst contemplating what could be built into the Freedom Bill which could move faster in parliament. In the meantime, find enclosed some notes investigating how the Media Act could marry with the ICT Act. Distinction between the Media Act of 2007 and the Kenya Communications (Amendment Bill) 2008 1. There is confusion that the bill recently assented to by the President is the 'Media Bill'. Further, the public has been unable to obtain information on the current debate independently of what the media itself claims this bill is geared to do. Basic information must be made available to the public by re-stating that this Act is NOT the Media Act passed in 2006 which established the Media Council of Kenya. Rather, the current bill should be referred to as the "ICT Act" and broadcast is a very small component of the new Act. 2. In fact the only reference to broadcast is section 46 (h) which deals with content coding e.g. what sort of program to categorize as bearing SNLV (sex, nudity, language & violence), what programs are inappropriate for which age bracket (under 13, 16 or 18 as the case may be) and what time such programs are to be broadcast. Sadly, the media has misinterpreted this section to mean that the CCK (or Government) will approve the content of what to broadcast and further personalized this into a war of vendetta with the Information Minister Samuel Poghisio. 3. Overall, the public needs to be made to understand that the main purpose of the Kenya Communication amendment bill (now Act) is to provide a regulatory framework for the ICT sector. Hence, it is crucial to reiterate that lack of an ICT sector regulatory framework has been a great impediment to investment in the ICT sector putting Kenya at a disadvantage especially regarding Business Process Outsourcing (call centers etc) with competitors like India. It is absolutely crucial to have a modern ICT law by the time the various fiber-optic cables (Teams, Eassy, Seacom) to provide broad band connectivity land in Kenya in the next half of 2009 and when the onset of mass internet availability will become reality Common ownership of newspapers, television and radio broadcasting licenses 4. Debate should shift from current emotional attacks on the President to the issues of frequencies and airwaves which are an expensive public resource that should benefit all since the "freedom of information and to receive opinions" can be compromised by the fact that there is an emerging sense of monolithic ownership of the mainstream media between the Nation Group, the Baraza / Standard Group and Royal Media Services, with extensive and vast cross cutting ownership between print and broadcast. 5. Access to diverse sources of information is a right to everyone-so as to make the right choices- without which monolithic media ownership could be used to hide various misdeeds and serve to perpetuate public ignorance. For the functioning of our emerging democracy, the requirement of a diverse ownership of the daily mass media cannot be over-emphasized in order to ensure that public life is reported in a fair and open manner.Prevention of multi-media domination of opinion should be part of the current debate and this is one of the things the Kenya Communications Amendment Act seeks to address. 6. By the same token, the Government should aver that it does not advocate for media control, rather, it is only putting in place legislation to encourage diversity in the ownership of the most influential forms of the commercial media: the daily press and free-to-air television and radio. 7. As an example, Australia in order to support competition policy, discourage concentration of media ownership in local markets; and enhance public access to a diversity of viewpoints, sources of news, information and commentary, introduced specific controls over media through the Broadcasting Services Act of 1992 which controls the extent of cross-media directorships of TV, radio and newspapers. 8. There are also similar limits in The United States of America. The Federal Communications Commission's policies and rules on cross-ownership and multiple ownership of broadcast stations has been guided by the Telecommunications Act of 1996 and attempts to balance two of its most fundamental goals in broadcast ownership fostering competition in the markets in which broadcast stations compete, while preserving a diversity of information sources, especially at the local level with the efficiencies of common ownership and increased competition in the media marketplace. 9. On the other hand in South Africa, there are four large media companies that publish newspapers and magazines and have shares in broadcasting. The diversity of the press in South Africa is poor. The closure of a couple of newspapers and the purchase of others by the four main media institutes has made the poor diversity even worse. Although it seems as if there are lots of newspapers and magazines as well as radio stations in South Africa, their independence and objectivity is questioned on account of cross ownership between print and broadcast. 10. The ICT Bill should therefore be seen as a comprehensive review of the law of among other things the common ownership of print and broadcast media with all stakeholders in the interests of press freedom and market competition. These are key factors in the growth, vigour and autonomy of the press which will serve to accelerate democratization in Kenya. Thus the current debate should separate the interests of media owners (which are what is currently being fed to Kenyans) from the public interest issues of the right to information. Duty of the Media to go beyond the pursuit of profits & serve the Public Interest 11. While the media like any business is driven by the shareholders' interest for the pursuit of profit, the media also has an onerous responsibility since media is different from other types of business. The very fact that the media have a critical role to play as watchdog means that it is often possible for it to change behaviour within the public sphere. But this capacity to influence change has not been fully realized within the Kenyan press. The media must go beyond mere reporting of sensationalist stories that captivate their readership and increase sales. 12. There remains a tendency in Kenya not to do follow up stories after the initial bombastic coverage. For instance, there is little effort to investigate whether complaints were made in the aftermath of police extra judicial killings, whether any disciplinary investigations were conducted thereafter, or even whether anyone was arrested and charged. 13. Similarly, it is not enough for the media to report official government edicts uncritically and without much independent investigation or research to discover underlying realities. The Government should make its case that it hopes that media owners will invest in true investigative journalism which is one positive opportunity of developing Kenya. 14. The growing public disgust with corruption in Kenya has already generated a strong market demand for such reporting. The mass media must develop these skills and tools to counter the current dominance of repetitive political rhetoric on our media space, on the erroneous assumption that this is what Kenyans want to read. The drive for newspaper sales and advertisement should not otherwise compromise the sacred obligation of the media to go beyond the element of business. Ethics in Journalism 15. Among the most important duties for journalists is to follow the truth regardless of the consequences arising out of it. Journalists should publish only such information, documents and pictures the sources of which are known to them. They should not suppress any information or important elements of information nor should they distort any text, document or picture (these issues are already covered by the Media Act and there is a body the Media Council of Kenya to deal with complaints of unfair reporting). 16. Media houses in Kenya have tended to employ more freelance correspondents as opposed to full time staff. There are very few reporters working full time in the newsrooms. Many of our journalists lack proper training that can lead them towards more critical thinking. It behoves the media owners to train those who work for them to think in a more systematic and analytical manner. 17. There is an intrinsic relationship between the low pay reporters and correspondents are paid and the quality of work that they submit. Media owners have therefore played a major role in the genesis of this scenario, despite the inordinately massive profits they are able to rake in from advertisements. 18. Journalists are entitled to clear written terms of reference and contracts of employment which do not hinder the inherent right to collectively organize through trade unions. Media owners should therefore work towards their workers realizing this aspiration. 19. If media owners fail to live up to their obligation to pay journalists living wages, it would become futile and rhetorical to expect the underpaid correspondents to observe journalistic ethics. Without economic independence, a broke correspondent cannot refrain from the falling into the trap of commercial publicity or other inducements which by virtue of their profession are liable to curb their freedom to express their own opinions. 20. Media owners therefore have a sacred responsibility to safeguard the quality of journalism by infusing new skills and providing direction on what information journalists should look out for, what to bring and what they should confirm. Almost all the stories we read in the media today, demand for more information yet little effort is being directed to this type of reporting 21. In getting our media houses in order, it would be good to recommend among other issues: i) That media houses restrict the use of correspondents; instead full time reporters should be engaged on clear and unequivocal terms ii) That media owners pay those who work for them a decent living wage that will ensure economic independence of journalists iii) That part of the revenue generated from advertising be channeled towards training journalists to conduct more investigative reporting 22. There are also concerns that some of the media houses and especially those broadcasting in ethnic languages sometimes blur the line between positive and negative ethnicity, and enter into the area of hate speech. Clearly, this is an area that requires some sort of regulation of the content. Nevertheless, the varied political complexions of the main media houses and the tenacity of reporters speak volumes about the immense potential of the media in Kenya as an accountability mechanism. Way Forward on the current debate 23. The Government should assure stakeholders that the issues which are found to be repugnant (such as section 88 which has been law for a long time) or other clauses in the recently signed bill will be re-looked and amended through the Miscellaneous Statute Amendment Bill (2009) and for a start the Attorney General could be asked to initiate consultations on what sort of representation should be accorded to the media fraternity within CCK On Fri, Jan 9, 2009 at 5:00 AM, <bitange@jambo.co.ke> wrote:

Aduda, I remember very well that we invited everybody in the Media to the meetings that discussed the current Bill. Indeed we had representation from all Media including the KUJ, Editors Guild, the then Media Council and of course the MOA. We went through the Bill line by line and the issues you are raising now were indeed rejected to the Media fraternity's satisfaction. If you carefully read both the Media Act, the Communication Act and the draft freedom of information, you will probably be surprised to find out that out intention was to protect the Journalist from any interverance both from Government and MOA. Free responsible Media is largely a creation of an ethical journalist. We (Society) MUST protect you in order to give us the true story and I hope at some stage MOA would realize this.

Even with these knowledge, the Ministry has maintained an open door policy to get to a balance between your own freedom and responsibilty. There was no need to throw tantrums in order to achieve this because it is is like trying to drill a hole in a ship that we are all in at high seas.

News or Journalistic content content is a small drop in the general content that we want to regulate. I wish I had resources to bring you to the conference I am attending. Content in the new Digital Framework is simply overwhelming.

Regards

Ndemo.

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Wainana,

The media, and not only Media Owners Associations, but editors, journalists, TV and Radio anchors and producers, have always been ready for dialogue and honest one at that. We don't know your criteria for the so-called "well-thought out" memorandum, but we can assure that we had prepared many documents, which we presented to the minister, PS and PM. We will revisit them and prepare something and hopefully it will "well-though and devoid of propoganda".

Aduda

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---------- From: kictanet-bounces+daduda=nation.co.ke@lists.kictanet.or.keon behalf of Wainaina Mungai Sent: Wednesday, January 7, 2009 10:52 PM To: David Aduda Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki signs Bill into law

The Presidential directive to Hon. Poghisio & Hon. Amos Wako has set the pace for a new engagement strategy. Let's hope it brings to an end the "drama queen" strategy used by media owners so far.

The media owners will need to present well thought-out memoranda devoid of propanganda. I hope they are ready to engage in the same way as the ICT sector did.

The proposals by media owners must be subjected to objective debate in the longterm interests of the nation.

Wainaina

On 1/7/09, Wainaina Mungai <wainaina@madeinkenya.org> wrote:

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It sounds like Tanzania has a very objective Media Council.

They recognise that the law is abit too tough but they believe the Kenyan media brought it upon themselves when they failed to self-regulate.

Through the one-sided campaign, it is clear that the media has no intention to implement true self-regulation. Individual media houses are now setting standards and walking away from the biased "group mind" approach to issues.

Let's hope that Kenya's Media Council will learn from Tanzanians.

Wainaina

On 1/7/09, Jotham Kilimo Mwale <jokilimo@yahoo.com> wrote:

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Hi All,

Just came across this view of our Act from Media Council of Tanzania.

http://www.dailynews.habarileo.co.tz/magazine/index.php?id=9330

Interesting.

Regards,

Jotham K. Mwale

--- On Tue, 1/6/09, Akich Kwach <kwach@archway-productions.com> wrote:

From: Akich Kwach <kwach@archway-productions.com> Subject: Re: [kictanet] Kibaki signs Bill into law To: jokilimo@yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet@lists.kictanet.or.ke

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...

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Date: Tuesday, January 6, 2009, 1:14 AM

Hi All,

I think it is time time we stopped blaiming our brother and sisters from the media. It is said that if you were in their shoes, you would be shouting loudest like them. I believe they have a point and I do agree with Dorcas Muthoni, the style or approach by the media team might be the problem. As they seek for freedom, they have to be visionery. I am reminded of the wise advice by Lyndon Johnson, a former US president "You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered."

To set the records straight, I do support the signing of the Bill and the rest of the amendments can be lobbied for later. It is sad the Wanjikus, Atienos and Moraas outside Nairobi would find it difficult to know the benefits the new law carries because the same media that should have passed the message is still in a "mourning period". How can we help spread the message?

I look forward to the discussions as stated by Walu

Akich Kwach

----- Original Message ----- From: "Barrack Otieno" <otieno.barrack@gmail.com> To: <kwach@archway-productions.com> Cc: "KICTAnet ICT Policy Discussions"> <kictanet@lists.kictanet.or.ke> Sent: Monday, January 05, 2009 10:29 PM Subject: Re: [kictanet] Kibaki signs Bill into law

You have a point David, this convergence business is a bit confusing to the waheshimiwa as well as a good number of Kenyans, i bet eighty percent might no understand what is going on, Alex you seem to be having some answers though your answers are too complicated :) Let the debate continue

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Barrack, I don't see our pt of diff. Media are the first users of ict and thea is no doubt ict is imptant in a modern ecoomy. But that's it. So is freedom of speech and access to information. And we don't have to compare media and ict. What I state and repeat is

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China has all the ict you want but wat kind of society is it. You can't enjoy ict in a repressive environment. And this country is in

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I have written too much and may be I feel too strongly about this but no emotions. Straight shooting perhaps. David

Sent from my BlackBerry(R) wireless device

-----Original Message----- From: "Barrack Otieno" <otieno.barrack@gmail.com>

Date: Mon, 5 Jan 2009 20:36:51 To: <dmakali@yahoo.com> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> Subject: Re: [kictanet] Kibaki signs Bill into law

Bwana Makali, I think you are being sensational, lets try and get emotions out of this argument, for as long as i can remember media practioners have always rubbished the role of ICT in the countries socio-political landscape, i witnessed this behaviour in a forum sponsored by Unesco at the Grand Regency a couple of years ago which was apparently chaired by CEO's from leading media houses and i can see bwana makali repeating it on this list which is unaccepatble here even though we are democratic!!, give us a break sir. None the less may be we need our own ministry as Dr Siganga says to champion the ICT agenda and save us from this circus. The Media has a point and we all agree

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there are contentious issues that need to be sorted out however let reason prevail, we have instituions in place to handle this kind of problems and they need to be put into use

On Mon, Jan 5, 2009 at 6:59 PM, <dmakali@yahoo.com> wrote: > The media's ref to the comm amendm bill 2008 (yuck!) as media or ict bill is attributable to two factors. The media have a right and an editorial

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> Second, the media have a right to christen anything for ease of reference. Why aren't you media phobes complaining about ndungu, waki, kriegler or whatever other commissions that don't exist in fact and which you have quite happily swallowed? wats wrong with the media or ict or (next)

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> Finally, of course, some media could just have failed to see the bigger picture and erroneously referred to it as media bill. In which case

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> Let's face the facts. The law has bad provisions that only myopic and selfish people or those with axes to grind the media can't see. Unfortunately, it takes a very short time before the reality catches up with such people wen they find themselves on the receiving end. > Jog your memory. > David > Sent from my BlackBerry(R) wireless device > > -----Original Message----- > From: "waudo siganga" <emailsignet@mailcan.com> > > Date: Mon, 05 Jan 2009 18:35:00 > To: <dmakali@yahoo.com> > Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> > Subject: Re: [kictanet] Kibaki signs Bill into law > > > Thanks for noting the changing goal posts in terms of the title of

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> Law Alice. In fact a short while ago some referred to it as the "ICT > Bill" before briefly reverting to Kenya Communications (Amendment) Bill > 2008 and then finally resting at "Media Bill". For me I

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> understand the reasons for this confusion, particularly for the

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> this is a compound Law in one basket. The lesson I learn is that in > future we need to change some things otherwise it is possible to reach a > stage where useful ICT Policy, Legislative and regulatory development > processes are held back by things that really have nothing to do with > ICT. What if the courier services who are now regulated by this Law had > successfully opposed it? We would be missing e-transactions legislation > simply because of a function that has nothing to do with ICT. > For starters, the Government should restructure so that we have an ICT > only Ministry like they have in India, Egypt, Mauritius and other > countries worth copying. For many years after independence we had a > Ministry of Information and Broadcasting. That Minstry should be revived > to focus on the interests of our media brothers. > Right now it is very difficult to pin down what is "ICT" in Kenya. Some > of the issues being brought under the umbrella of "ICT" are

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> the real ICT people cannot contribute to. Some people are saying > everything is OK because of "convergence". But as can be seen, even > trying to converge Laws is an issue unto itself. > > Waudo > On Mon, 05 Jan 2009 17:47:32 +0300, "alice" <alice@apc.org> said: >> I agree and for Pete's/Jane's sake could media drop the "media bill" >> reference. It is the Kenya Communications (Amendment) bill 2008, which >> covers much much more than broadcasting issues. and much more >> importantly it finally deals with issues of convergence from a >> technological, content, regulatory, as well as economic

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>> is important that the communications "sector" adapts to

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>> convergence trend/scenario, because it will provide for expansion> of >> universal access to ICTs, in terms of reducing costs while stimulating >> economic and social growth. This can only be done through appropriate >> ICT policy and regulatory mechanisms, which the bill provides for. >> >> What we should be focusing on are the challenges that will come with >> this dynamic because adaption to convergence is not the end point. >> >> >> >> best >> alice >> >> p.s. views are personal and not a reflection of any of the >> institutions/organisations I am affiliated with. >> >> > Great suggestions, >> > >> > I feel we can support the media but not in-toto. >> > >> > First, it would be nice of the MoA et. al. to let go of the negative >> > "Media Bill" campaign and engage constructively with other players. >> > >> > Secondly, media should consider calling ICT advocacy

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>> > a forum where they can share how ICT issues have successfully been >> > incorporated without the animosity that is common when advocating for >> > media issues. >> > >> > I believe the media needs to feel secure that if their arguments are >> > valid, they'll have our undivided support....issue by issue. >> > >> > Wainaina >> > >> > On 1/4/09, Bill Kagai <billkagai@gmail.com> wrote: >> > >> >> The 4 fundamentals; >> >> >> >> 1. When the Media fraternity suggested the bill be rejected in-toto, >> ICT >> >> sector players felt this was akin to pouring the birth water together >> with >> >> the baby. Personally I am happy the ICT issues did not go down the >> drain. >> >> And I think that was what many of us were asking for. >> >> >> >> 2. The Media has genuine concerns as Haron Ndubi articulated in his >> legal >> >> opinion on the probibity of the bill. However, the Media completely >> blacked >> >> out ICT sector concerns during our campaign to have the bill signed. >> We even >> >> went out of the way to show the remedies to the issues

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>> >> miscelleneous amendment bill as suggested in the very fast legal >> opinion >> >> whose author requested we keep his/her identity anonymous. >> >> >> >> 3. ICT players and especially Kictanet ought to prove it's the bigger >> wo/man >> >> by showing solidarity in the front-line with our cousins in the Media >> >> looking for a way out of the quagmire. We do not have to ignore them >> simply >> >> because they refused to side with us in our campaign. >> >> >> >> 4. We are extremely careless in handling crisis. If you are familiar >> with >> >> Newton's method of factoring variable change and the Monty Hall >> >> Paradox<http://en.wikipedia.org/wiki/Monty_Hall_paradox>, >> >> then we can analyse the options the President had mathematically. >> >> 4a) Sign Bill >> >> 4b) Don't Sign Bill >> >> 4c) Do nothing and hold Kenyans in suspense. >> >> >> >> Each option had a 33% probability of being the 'right' decision. So, >> >> assuming he had not seen the bill earlier since he was not the author >> and >> >> had decided not to sign the bill following the Media owners petition, >> was it >> >> wise to change his decision from 'Don't Sign' to 'Sign'?? >> >> Monty Hall <http://en.wikipedia.org/wiki/Monty_Hall_paradox> proves >> that >> >> changing the decision increases the probability of getting it 'right' >> to >> >> 66.6%. And that is proven by the fact that we [in ICT] feel content >> and >> >> support ways of also making our brothers in the media achieve 'State >> of >> >> Nirvana'. This bill will also give the Minister of> Finance some >> head-up >> >> before he dismisses innovations such as M-Pesa without

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>> >> >> >> Conclusion; >> >> For Makali, Openda, Kaikai and other leading Media

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>> >> are on this list, why don't you invite ICT stakeholders in to your >> media >> >> stations to engage Kenyans on what is good and what is bad in the ICT >> [not >> >> Media] bill so that we can fight together against what we feel is not >> good?? >> >> This has nothing to do with whether the grand coalition will hold or >> not, >> >> since neither the Right Honourable nor His Excellency drafted this >> bill. We >> >> did and the buck should stop with us!!! >> >> >> >> -- >> >> Bildad Kagai >> >> MD - MediaCorp Limited >> >> Nairobi Stock Exchange Authorised Information Vendor >> >> Suite B2, Tetu Court, State House Avenue >> >> P. O. Box 20311 - 00200 >> >> Nairobi, Kenya >> >> Tel. 254 20 272 8332 >> >> Fax. Rendered Obsolete >> >> S - 1°17'13.8" >> >> E - 36°48'22.7" >> >> www.mediacorp.co.ke >> >> --- >> >> >> >> >> >> On Sun, Jan 4, 2009 at 6:21 PM, alice <alice@apc.org> wrote: >> >> >> >> >> >>> Thank you Wainaina. Happy 2009. >> >>> Now that the bill has been signed, what does the ICT industry think >>> about >> >>> this whole debate? especially those who have worked for such a long >>> time >> >>> with government to introduce legislation for the sector? >> >>> >> >>> best >> >>> alice >> >>> >> >>> Happy New Year for ICT development in Kenya. >> >>> >> >>>> We can now look at the Media's concerns on

On Mon, Jan 5, 2009 at 9:14 PM, <dmakali@yahoo.com> wrote: the tendency by ict buffs to think only ict in isolation or see nothing wrong else with the aw as long as their concerns are taken care of, then say dismissively that there are other iinstitutions to deal with their legitimate concerns or reason should prevail. Which? How come ict folks are not raising their voices on thoz issues they acknowledge media have except as btw or in a back handed manner? Am very awake to the fact the country desperately needed to kick up the ict sector with facilitative legislation. I have personally suffered from its lacking. But we can't gloss over fundamental issues out of that desperation! the cusp of potential tyranny midwifed by our unresolved political equations that we are just about to begin to resolve. If any political axis should be handed control over the media, even with its weaknesses, you will rue the day you dismissed our protestations. that licence to abbreviate long and cumbersome names. Do you guys know how difficult it is to write headlines? Write one to test your editorial skills - 25 letters across 40cms and include all that communications bla bla!?> postal bill if it captures the essence of what is on the table or disputed? I find it trite argument to insist that the media have misrepresented the bill. If there is nothing contestable about the others, or they are less controversial or for whatever reason they dim in significance, what is the big deal? that all fair in war and love. You can't moan till morning. this think I public: those that perspective. it this global personalities to through the prior >> knowledge. personalities who >> I know the Kenya Communications

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>> >>>> Act and support whatever amendments may be justified. >> >>>> >> >>>> Wainaina >> >>>> >> >>>> >> >>>> >> >>>> >> >>> >> >>>_______________________________________________ >> >>> kictanet mailing list >> >>> kictanet@lists.kictanet.or.ke >> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >>> >> >>> This message was sent to: billkagai@gmail.com >> >>> Unsubscribe or change your options at >> >>>

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>> >>> >> >>> >> > >> > >> >> >> >> _______________________________________________ >> kictanet mailing list >> kictanet@lists.kictanet.or.ke >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >> >> This message was sent to: emailsignet@mailcan.com >> Unsubscribe or change your options at >>

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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

That was a great write up bill, i hope our distinguished colleagues from the fourth estate have read that, no bad blood brothers we are helping each other. Mr Moderator Alex Gakuru has raised a valid point about the Universal Access fund which is well captured in the new act can it be a topic of discussion, it is a critical issue at this point in time Regards On Fri, Jan 9, 2009 at 10:54 AM, Bill Kagai <billkagai@gmail.com> wrote:

I tend to think we ought to now move a notch higher and look at these issues from the higher and superior perspective of Constitution making framework.

Shifting into second gear should now encompass ensuring that the Media fraternity confines itself into issues regarding specific sections in the ICT Act whilst contemplating what could be built into the Freedom Bill which could move faster in parliament.

In the meantime, find enclosed some notes investigating how the Media Act could marry with the ICT Act.

Distinction between the Media Act of 2007 and the Kenya Communications (Amendment Bill) 2008

1. There is confusion that the bill recently assented to by the President is the 'Media Bill'. Further, the public has been unable to obtain information on the current debate independently of what the media itself claims this bill is geared to do. Basic information must be made available to the public by re-stating that this Act is NOT the Media Act passed in 2006 which established the Media Council of Kenya. Rather, the current bill should be referred to as the "ICT Act" and broadcast is a very small component of the new Act. 2. In fact the only reference to broadcast is section 46 (h) which deals with content coding e.g. what sort of program to categorize as bearing SNLV (sex, nudity, language & violence), what programs are inappropriate for which age bracket (under 13, 16 or 18 as the case may be) and what time such programs are to be broadcast. Sadly, the media has misinterpreted this section to mean that the CCK (or Government) will approve the content of what to broadcast and further personalized this into a war of vendetta with the Information Minister Samuel Poghisio. 3. Overall, the public needs to be made to understand that the main purpose of the Kenya Communication amendment bill (now Act) is to provide a regulatory framework for the ICT sector. Hence, it is crucial to reiterate that lack of an ICT sector regulatory framework has been a great impediment to investment in the ICT sector putting Kenya at a disadvantage especially regarding Business Process Outsourcing (call centers etc) with competitors like India. It is absolutely crucial to have a modern ICT law by the time the various fiber-optic cables (Teams, Eassy, Seacom) to provide broad band connectivity land in Kenya in the next half of 2009 and when the onset of mass internet availability will become reality

Common ownership of newspapers, television and radio broadcasting licenses

4. Debate should shift from current emotional attacks on the President to the issues of frequencies and airwaves which are an expensive public resource that should benefit all since the "freedom of information and to receive opinions" can be compromised by the fact that there is an emerging sense of monolithic ownership of the mainstream media between the Nation Group, the Baraza / Standard Group and Royal Media Services, with extensive and vast cross cutting ownership between print and broadcast. 5. Access to diverse sources of information is a right to everyone-so as to make the right choices- without which monolithic media ownership could be used to hide various misdeeds and serve to perpetuate public ignorance. For the functioning of our emerging democracy, the requirement of a diverse ownership of the daily mass media cannot be over-emphasized in order to ensure that public life is reported in a fair and open manner.Prevention of multi-media domination of opinion should be part of the current debate and this is one of the things the Kenya Communications Amendment Act seeks to address. 6. By the same token, the Government should aver that it does not advocate for media control, rather, it is only putting in place legislation to encourage diversity in the ownership of the most influential forms of the commercial media: the daily press and free-to-air television and radio. 7. As an example, Australia in order to support competition policy, discourage concentration of media ownership in local markets; and enhance public access to a diversity of viewpoints, sources of news, information and commentary, introduced specific controls over media through the Broadcasting Services Act of 1992 which controls the extent of cross-media directorships of TV, radio and newspapers. 8. There are also similar limits in The United States of America. The Federal Communications Commission's policies and rules on cross-ownership and multiple ownership of broadcast stations has been guided by the Telecommunications Act of 1996 and attempts to balance two of its most fundamental goals in broadcast ownership fostering competition in the markets in which broadcast stations compete, while preserving a diversity of information sources, especially at the local level with the efficiencies of common ownership and increased competition in the media marketplace. 9. On the other hand in South Africa, there are four large media companies that publish newspapers and magazines and have shares in broadcasting. The diversity of the press in South Africa is poor. The closure of a couple of newspapers and the purchase of others by the four main media institutes has made the poor diversity even worse. Although it seems as if there are lots of newspapers and magazines as well as radio stations in South Africa, their independence and objectivity is questioned on account of cross ownership between print and broadcast. 10. The ICT Bill should therefore be seen as a comprehensive review of the law of among other things the common ownership of print and broadcast media with all stakeholders in the interests of press freedom and market competition. These are key factors in the growth, vigour and autonomy of the press which will serve to accelerate democratization in Kenya. Thus the current debate should separate the interests of media owners (which are what is currently being fed to Kenyans) from the public interest issues of the right to information.

Duty of the Media to go beyond the pursuit of profits & serve the Public Interest

11. While the media like any business is driven by the shareholders' interest for the pursuit of profit, the media also has an onerous responsibility since media is different from other types of business. The very fact that the media have a critical role to play as watchdog means that it is often possible for it to change behaviour within the public sphere. But this capacity to influence change has not been fully realized within the Kenyan press. The media must go beyond mere reporting of sensationalist stories that captivate their readership and increase sales. 12. There remains a tendency in Kenya not to do follow up stories after the initial bombastic coverage. For instance, there is little effort to investigate whether complaints were made in the aftermath of police extra judicial killings, whether any disciplinary investigations were conducted thereafter, or even whether anyone was arrested and charged. 13. Similarly, it is not enough for the media to report official government edicts uncritically and without much independent investigation or research to discover underlying realities. The Government should make its case that it hopes that media owners will invest in true investigative journalism which is one positive opportunity of developing Kenya. 14. The growing public disgust with corruption in Kenya has already generated a strong market demand for such reporting. The mass media must develop these skills and tools to counter the current dominance of repetitive political rhetoric on our media space, on the erroneous assumption that this is what Kenyans want to read. The drive for newspaper sales and advertisement should not otherwise compromise the sacred obligation of the media to go beyond the element of business.

Ethics in Journalism

15. Among the most important duties for journalists is to follow the truth regardless of the consequences arising out of it. Journalists should publish only such information, documents and pictures the sources of which are known to them. They should not suppress any information or important elements of information nor should they distort any text, document or picture (these issues are already covered by the Media Act and there is a body the Media Council of Kenya to deal with complaints of unfair reporting). 16. Media houses in Kenya have tended to employ more freelance correspondents as opposed to full time staff. There are very few reporters working full time in the newsrooms. Many of our journalists lack proper training that can lead them towards more critical thinking. It behoves the media owners to train those who work for them to think in a more systematic and analytical manner. 17. There is an intrinsic relationship between the low pay reporters and correspondents are paid and the quality of work that they submit. Media owners have therefore played a major role in the genesis of this scenario, despite the inordinately massive profits they are able to rake in from advertisements. 18. Journalists are entitled to clear written terms of reference and contracts of employment which do not hinder the inherent right to collectively organize through trade unions. Media owners should therefore work towards their workers realizing this aspiration. 19. If media owners fail to live up to their obligation to pay journalists living wages, it would become futile and rhetorical to expect the underpaid correspondents to observe journalistic ethics. Without economic independence, a broke correspondent cannot refrain from the falling into the trap of commercial publicity or other inducements which by virtue of their profession are liable to curb their freedom to express their own opinions. 20. Media owners therefore have a sacred responsibility to safeguard the quality of journalism by infusing new skills and providing direction on what information journalists should look out for, what to bring and what they should confirm. Almost all the stories we read in the media today, demand for more information yet little effort is being directed to this type of reporting 21. In getting our media houses in order, it would be good to recommend among other issues:

i) That media houses restrict the use of correspondents; instead full time reporters should be engaged on clear and unequivocal terms ii) That media owners pay those who work for them a decent living wage that will ensure economic independence of journalists iii) That part of the revenue generated from advertising be channeled towards training journalists to conduct more investigative reporting

22. There are also concerns that some of the media houses and especially those broadcasting in ethnic languages sometimes blur the line between positive and negative ethnicity, and enter into the area of hate speech. Clearly, this is an area that requires some sort of regulation of the content. Nevertheless, the varied political complexions of the main media houses and the tenacity of reporters speak volumes about the immense potential of the media in Kenya as an accountability mechanism.

Way Forward on the current debate

23. The Government should assure stakeholders that the issues which are found to be repugnant (such as section 88 which has been law for a long time) or other clauses in the recently signed bill will be re-looked and amended through the Miscellaneous Statute Amendment Bill (2009) and for a start the Attorney General could be asked to initiate consultations on what sort of representation should be accorded to the media fraternity within CCK

On Fri, Jan 9, 2009 at 5:00 AM, <bitange@jambo.co.ke> wrote:

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Aduda, I remember very well that we invited everybody in the Media to the meetings that discussed the current Bill. Indeed we had representation from all Media including the KUJ, Editors Guild, the then Media Council and of course the MOA. We went through the Bill line by line and the issues you are raising now were indeed rejected to the Media fraternity's satisfaction. If you carefully read both the Media Act, the Communication Act and the draft freedom of information, you will probably be surprised to find out that out intention was to protect the Journalist from any interverance both from Government and MOA. Free responsible Media is largely a creation of an ethical journalist. We (Society) MUST protect you in order to give us the true story and I hope at some stage MOA would realize this.

Even with these knowledge, the Ministry has maintained an open door policy to get to a balance between your own freedom and responsibilty. There was no need to throw tantrums in order to achieve this because it is is like trying to drill a hole in a ship that we are all in at high seas.

News or Journalistic content content is a small drop in the general content that we want to regulate. I wish I had resources to bring you to the conference I am attending. Content in the new Digital Framework is simply overwhelming.

Regards

Ndemo.

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Wainana,

The media, and not only Media Owners Associations, but editors, journalists, TV and Radio anchors and producers, have always been ready for dialogue and honest one at that. We don't know your criteria for the so-called "well-thought out" memorandum, but we can assure that we had prepared many documents, which we presented to the minister, PS and PM. We will revisit them and prepare something and hopefully it will "well-though and devoid of propoganda".

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---------- From: kictanet-bounces+daduda=nation.co.ke@lists.kictanet.or.keon behalf of Wainaina Mungai Sent: Wednesday, January 7, 2009 10:52 PM To: David Aduda Cc: KICTAnet ICT Policy Discussions Subject: Re: [kictanet] Kibaki signs Bill into law

The Presidential directive to Hon. Poghisio & Hon. Amos Wako has set the pace for a new engagement strategy. Let's hope it brings to an end the "drama queen" strategy used by media owners so far.

The media owners will need to present well thought-out memoranda devoid of propanganda. I hope they are ready to engage in the same way as the ICT sector did.

The proposals by media owners must be subjected to objective debate in the longterm interests of the nation.

Wainaina

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It sounds like Tanzania has a very objective Media Council.

They recognise that the law is abit too tough but they believe the Kenyan media brought it upon themselves when they failed to self-regulate.

Through the one-sided campaign, it is clear that the media has no intention to implement true self-regulation. Individual media houses are now setting standards and walking away from the biased "group mind" approach to issues.

Let's hope that Kenya's Media Council will learn from Tanzanians.

Wainaina

On 1/7/09, Jotham Kilimo Mwale <jokilimo@yahoo.com> wrote:

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Hi All,

Just came across this view of our Act from Media Council of Tanzania.

http://www.dailynews.habarileo.co.tz/magazine/index.php?id=9330

Interesting.

Regards,

Jotham K. Mwale

--- On Tue, 1/6/09, Akich Kwach <kwach@archway-productions.com> wrote:

From: Akich Kwach <kwach@archway-productions.com> Subject: Re: [kictanet] Kibaki signs Bill into law To: jokilimo@yahoo.com Cc: "KICTAnet ICT Policy Discussions" < kictanet@lists.kictanet.or.ke> Date: Tuesday, January 6, 2009, 1:14 AM

Hi All,

I think it is time time we stopped blaiming our brother and sisters from the media. It is said that if you were in their shoes, you would be shouting loudest like them. I believe they have a point and I do agree with Dorcas Muthoni, the style or approach by the media team might be the problem. As they seek for freedom, they have to be visionery. I am reminded of the wise advice by Lyndon Johnson, a former US president "You do not examine legislation in

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light of the benefits it will convey if properly administered, but in

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light of the wrongs it would do and the harms it would cause if improperly administered."

To set the records straight, I do support the signing of the Bill and

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rest of the amendments can be lobbied for later. It is sad the Wanjikus, Atienos and Moraas outside Nairobi would find it difficult to know the benefits

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new law carries because the same media that should have passed the message is still in a "mourning period". How can we help spread the message?

I look forward to the discussions as stated by Walu

Akich Kwach

----- Original Message ----- From: "Barrack Otieno" <otieno.barrack@gmail.com> To: <kwach@archway-productions.com> Cc: "KICTAnet ICT Policy Discussions"> <kictanet@lists.kictanet.or.ke> Sent: Monday, January 05, 2009 10:29 PM Subject: Re: [kictanet] Kibaki signs Bill into law

You have a point David, this convergence business is a bit confusing to the waheshimiwa as well as a good number of Kenyans, i bet eighty percent might no understand what is going on, Alex you seem to be having some answers though your answers are too complicated :) Let the debate continue

On Mon, Jan 5, 2009 at 9:14 PM, <dmakali@yahoo.com> wrote: > Barrack, I don't see our pt of diff. Media are the first users of ict and thea is no doubt ict is imptant in a modern ecoomy. But that's it. So is freedom of speech and access to information. > And we don't have to compare media and ict. What I state and repeat is the tendency by ict buffs to think only ict in isolation or see nothing wrong else with the aw as long as their concerns are taken care of, then say dismissively that there are other iinstitutions to deal with their legitimate concerns or reason should prevail. Which? How come ict folks are not raising their voices on thoz issues they acknowledge media have except as btw or in a back handed manner? Am very awake to the fact the country desperately needed to kick up the ict sector with facilitative legislation. I have

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suffered from its lacking. But we can't gloss over fundamental issues out of

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desperation! > China has all the ict you want but wat kind of society is it. You can't enjoy ict in a repressive environment. And this country is in

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cusp of potential tyranny midwifed by our unresolved political equations

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we are just about to begin to resolve. If any political axis should be handed control over the media, even with its weaknesses, you will rue the day you dismissed our protestations. > I have written too much and may be I feel too strongly about this but no emotions. Straight shooting perhaps. > David > > Sent from my BlackBerry(R) wireless device > > -----Original Message----- > From: "Barrack Otieno" <otieno.barrack@gmail.com> > > Date: Mon, 5 Jan 2009 20:36:51 > To: <dmakali@yahoo.com> > Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> > Subject: Re: [kictanet] Kibaki signs Bill into law > > > Bwana Makali, > I think you are being sensational, lets try and get emotions out of > this argument, for as long as i can remember media practioners have > always rubbished the role of ICT in the countries socio-political > landscape, i witnessed this behaviour in a forum sponsored by Unesco > at the Grand Regency a couple of years ago which was apparently > chaired by CEO's from leading media houses and i can see bwana makali > repeating it on this list which is unaccepatble here even though we > are democratic!!, give us a break sir. None the less may be we need > our own ministry as Dr Siganga says to champion the ICT agenda and > save us from this circus. The Media has a point and we all agree

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> there are contentious issues that need to be sorted out however let > reason prevail, we have instituions in place to handle this kind of > problems and they need to be put into use > > On Mon, Jan 5, 2009 at 6:59 PM, <dmakali@yahoo.com> wrote: >> The media's ref to the comm amendm bill 2008 (yuck!) as media or ict bill is attributable to two factors. The media have a right and an editorial licence to abbreviate long and cumbersome names. Do you guys know how difficult it is to write headlines? Write one to test your editorial skills - 25 letters across 40cms and include all that communications bla bla!?> >> Second, the media have a right to christen anything for ease of reference. Why aren't you media phobes complaining about ndungu, waki, kriegler or whatever other commissions that don't exist in fact and which you have quite happily swallowed? wats wrong with the media or ict or (next) postal bill if it captures the essence of what is on the table or disputed? I find it trite argument to insist that the media have misrepresented

On 1/7/09, Wainaina Mungai <wainaina@madeinkenya.org> wrote: the the the the personally that the that that the

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bill. If there is nothing contestable about the others, or they are less controversial or for whatever reason they dim in significance, what is the big deal? >> Finally, of course, some media could just have failed to see the bigger picture and erroneously referred to it as media bill. In which case that all fair in war and love. You can't moan till morning. >> Let's face the facts. The law has bad provisions that only myopic and selfish people or those with axes to grind the media can't see. Unfortunately, it takes a very short time before the reality catches up with such people wen they find themselves on the receiving end. >> Jog your memory. >> David >> Sent from my BlackBerry(R) wireless device >> >> -----Original Message----- >> From: "waudo siganga" <emailsignet@mailcan.com> >> >> Date: Mon, 05 Jan 2009 18:35:00 >> To: <dmakali@yahoo.com> >> Cc: KICTAnet ICT Policy Discussions<kictanet@lists.kictanet.or.ke> >> Subject: Re: [kictanet] Kibaki signs Bill into law >> >> >> Thanks for noting the changing goal posts in terms of the title of this >> Law Alice. In fact a short while ago some referred to it as the "ICT >> Bill" before briefly reverting to Kenya Communications (Amendment) Bill >> 2008 and then finally resting at "Media Bill". For me I think I >> understand the reasons for this confusion, particularly for the public: >> this is a compound Law in one basket. The lesson I learn is that in >> future we need to change some things otherwise it is possible to reach a >> stage where useful ICT Policy, Legislative and regulatory development >> processes are held back by things that really have nothing to do with >> ICT. What if the courier services who are now regulated by this Law had >> successfully opposed it? We would be missing e-transactions legislation >> simply because of a function that has nothing to do with ICT. >> For starters, the Government should restructure so that we have an ICT >> only Ministry like they have in India, Egypt, Mauritius and other >> countries worth copying. For many years after independence we had a >> Ministry of Information and Broadcasting. That Minstry should be revived >> to focus on the interests of our media brothers. >> Right now it is very difficult to pin down what is "ICT" in Kenya. Some >> of the issues being brought under the umbrella of "ICT" are those that >> the real ICT people cannot contribute to. Some people are saying >> everything is OK because of "convergence". But as can be seen, even >> trying to converge Laws is an issue unto itself. >> >> Waudo >> On Mon, 05 Jan 2009 17:47:32 +0300, "alice" <alice@apc.org> said: >>> I agree and for Pete's/Jane's sake could media drop the "media bill" >>> reference. It is the Kenya Communications (Amendment) bill 2008, which >>> covers much much more than broadcasting issues. and much more >>> importantly it finally deals with issues of convergence from a >>> technological, content, regulatory, as well as economic perspective. it >>> is important that the communications "sector" adapts to this global >>> convergence trend/scenario, because it will provide for expansion> of >>> universal access to ICTs, in terms of reducing costs while stimulating >>> economic and social growth. This can only be done through appropriate >>> ICT policy and regulatory mechanisms, which the bill provides for. >>> >>> What we should be focusing on are the challenges that will come with >>> this dynamic because adaption to convergence is not the end

Aduda point.

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>>> >>> >>> >>> best >>> alice >>> >>> p.s. views are personal and not a reflection of any of the >>> institutions/organisations I am affiliated with. >>> >>> > Great suggestions, >>> > >>> > I feel we can support the media but not in-toto. >>> > >>> > First, it would be nice of the MoA et. al. to let go of the negative >>> > "Media Bill" campaign and engage constructively with other players. >>> > >>> > Secondly, media should consider calling ICT advocacy personalities to >>> > a forum where they can share how ICT issues have successfully been >>> > incorporated without the animosity that is common when advocating for >>> > media issues. >>> > >>> > I believe the media needs to feel secure that if their arguments are >>> > valid, they'll have our undivided support....issue by issue. >>> > >>> > Wainaina >>> > >>> > On 1/4/09, Bill Kagai <billkagai@gmail.com> wrote: >>> > >>> >> The 4 fundamentals; >>> >> >>> >> 1. When the Media fraternity suggested the bill be rejected in-toto, >> ICT >>> >> sector players felt this was akin to pouring the birth water together >> with >>> >> the baby. Personally I am happy the ICT issues did not go down the >> drain. >>> >> And I think that was what many of us were asking for. >>> >> >>> >> 2. The Media has genuine concerns as Haron Ndubi articulated in his >> legal >>> >> opinion on the probibity of the bill. However, the Media completely >> blacked >>> >> out ICT sector concerns during our campaign to have the bill signed. >> We even >>> >> went out of the way to show the remedies to the issues through the >>> >> miscelleneous amendment bill as suggested in the very fast legal >> opinion >>> >> whose author requested we keep his/her identity anonymous. >>> >> >>> >> 3. ICT players and especially Kictanet ought to prove it's the bigger >> wo/man >>> >> by showing solidarity in the front-line with our cousins in the Media >>> >> looking for a way out of the quagmire. We do not have to ignore them >> simply >>> >> because they refused to side with us in our campaign. >>> >> >>> >> 4. We are extremely careless in handling crisis. If you are familiar >> with >>> >> Newton's method of factoring variable change and the Monty Hall >>> >> Paradox<http://en.wikipedia.org/wiki/Monty_Hall_paradox>, >>> >> then we can analyse the options the President had mathematically. >>> >> 4a) Sign Bill >>> >> 4b) Don't Sign Bill >>> >> 4c) Do nothing and hold Kenyans in suspense. >>> >> >>> >> Each option had a 33% probability of being the 'right' decision. So, >>> >> assuming he had not seen the bill earlier since he was not the author >> and >>> >> had decided not to sign the bill following the Media owners petition, >> was it >>> >> wise to change his decision from 'Don't Sign' to 'Sign'?? >>> >> Monty Hall <http://en.wikipedia.org/wiki/Monty_Hall_paradox> proves >> that >>> >> changing the decision increases the probability of getting it 'right' >> to >>> >> 66.6%. And that is proven by the fact that we [in ICT] feel content >> and >>> >> support ways of also making our brothers in the media achieve 'State >> of >>> >> Nirvana'. This bill will also give the Minister of> Finance some >> head-up >>> >> before he dismisses innovations such as M-Pesa without prior >> knowledge. >>> >> >>> >> Conclusion; >>> >> For Makali, Openda, Kaikai and other leading Media personalities who >> I know >>> >> are on this list, why don't you invite ICT stakeholders in to your >> media >>> >> stations to engage Kenyans on what is good and what is bad in the ICT >> [not >>> >> Media] bill so that we can fight together against what we feel is not >> good?? >>> >> This has nothing to do with whether the grand coalition will hold or >> not, >>> >> since neither the Right Honourable nor His Excellency drafted this >> bill. We >>> >> did and the buck should stop with us!!! >>> >> >>> >> -- >>> >> Bildad Kagai >>> >> MD - MediaCorp Limited >>> >> Nairobi Stock Exchange Authorised Information Vendor >>> >> Suite B2, Tetu Court, State House Avenue >>> >> P. O. Box 20311 - 00200 >>> >> Nairobi, Kenya >>> >> Tel. 254 20 272 8332 >>> >> Fax. Rendered Obsolete >>> >> S - 1°17'13.8" >>> >> E - 36°48'22.7" >>> >> www.mediacorp.co.ke >>> >> --- >>> >> >>> >> >>> >> On Sun, Jan 4, 2009 at 6:21 PM, alice <alice@apc.org> wrote: >>> >> >>> >> >>> >>> Thank you Wainaina. Happy 2009. >>> >>> Now that the bill has been signed, what does the ICT industry think >>> about >>> >>> this whole debate? especially those who have worked for such a long >>> time >>> >>> with government to introduce legislation for the sector? >>> >>> >>> >>> best >>> >>> alice >>> >>> >>> >>> Happy New Year for ICT development in Kenya. >>> >>> >>> >>>> We can now look at the Media's concerns on the Kenya Communications >>> >>>> Act and support whatever amendments may be justified. >>> >>>> >>> >>>> Wainaina >>> >>>> >>> >>>> >>> >>>> >>> >>>> >>> >>> >>> >>>_______________________________________________ >>> >>> kictanet mailing list >>> >>> kictanet@lists.kictanet.or.ke >>> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet >>> >>> >>> >>> This message was sent to: billkagai@gmail.com >>> >>> Unsubscribe or change your options at >>> >>>

http://lists.kictanet.or.ke/mailman/options/kictanet/billkagai%40gmail.com

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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> >

-- 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

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