KICTANet discussions: Independent Communications Commission of Kenya and Media council Draft bills 2010
Dear all, Very best wishes for 2011. Following an invitation by P.S Dr. Ndemo for stakeholder input/comments and discussions on the two proposed draft bills, I am pleased to announce that the Kenya ICT Action Network (KICTANet), University of Nairobi (UoN), and the International Development and Research Center (IDRC) will launch discussions starting Monday January 24th, 2011. "Media Council Bill 2010" discussions/input will begin on Monday 24 for 10 days ending February 4th. Thereafter discussions/input on the "Independent Communications Commission of Kenya draft bill" from February 14th to 25th. As with previous policy related discussions the processes will be facilitated. Grace Githaiga will facilitate discussions on the Media council bill, Dr. Catherine Adeya on the Independent Communications Commission of Kenya, Kerubo Kemunto will assist with moderation and reporting and Washington Odhiambo continues to manage technical aspects of the list/s. Each draft bill discussion will take ten days on the KICTANet mailing list and blog. All comments,suggestions, edits and opinions relevant to the draft bills will be collated and will form part of the first draft report that will be validated at a face to face workshop in March 2011 (dates to be announced later). The final report/s will be submitted to the Ministry of Information and Communication as well as the Parliamentary Select committee on Energy Information and Communication. We look forward to very vibrant discussions. Attached the two draft bills. Can also be accessed on the ministry website: http://www.information.go.ke/ very best Alice --
Alice, Thank you for agreeing to vitual discussions of these important Bills. We shall use the outcomes to revise the Bills before presenting them to stakeholders at some agreed place. Regards Ndemo.
Dear all,
Very best wishes for 2011.
Following an invitation by P.S Dr. Ndemo for stakeholder input/comments and discussions on the two proposed draft bills, I am pleased to announce that the Kenya ICT Action Network (KICTANet), University of Nairobi (UoN), and the International Development and Research Center (IDRC) will launch discussions starting Monday January 24th, 2011.
"Media Council Bill 2010" discussions/input will begin on Monday 24 for 10 days ending February 4th. Thereafter discussions/input on the "Independent Communications Commission of Kenya draft bill" from February 14th to 25th.
As with previous policy related discussions the processes will be facilitated. Grace Githaiga will facilitate discussions on the Media council bill, Dr. Catherine Adeya on the Independent Communications Commission of Kenya, Kerubo Kemunto will assist with moderation and reporting and Washington Odhiambo continues to manage technical aspects of the list/s.
Each draft bill discussion will take ten days on the KICTANet mailing list and blog. All comments,suggestions, edits and opinions relevant to the draft bills will be collated and will form part of the first draft report that will be validated at a face to face workshop in March 2011 (dates to be announced later).
The final report/s will be submitted to the Ministry of Information and Communication as well as the Parliamentary Select committee on Energy Information and Communication.
We look forward to very vibrant discussions. Attached the two draft bills. Can also be accessed on the ministry website: http://www.information.go.ke/
very best
Alice
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Dear Listers Greetings. Further to an earlier announcement by Alice Munyua on the anticipated discussion of the Media Council Bill 2010, I would like to introduce the structure of the debate which will commence on Monday January 24 and end on February 4, 2011. The purpose of the Media Council Bill: · to provide for the realization of the right to freedom of expression and freedom of media; · for the establishment of the Media Council of Kenya; · for the conduct and discipline of journalists and the media, and for connected purposes. The bill is divided into five parts: Part 1: Preliminary: provides for the title and interpretation/definition of the terminology. Part 2: The Media Council of Kenya: provides for the establishment of the MCK, where it will be headquartered (in this case Nairobi), its functions and operations, the composition of the Council, qualifications of the Chairperson and the members, procedures for their appointment, tenure of office etc. Part 3: Financial Provisions: deals with the sources of finances for the Council. Part 4: Complaints and dispute resolution: provides for how panels to deal with mediation, conciliation and arbitration will be established, the procedure of dealing with the complaints and the powers of the complaints commission. Part 5: Miscellaneous: deals with information provided by media, accreditation of journalists, offences and penalties, and rules. First Schedule: Provides for the Conduct of Business and Affairs of the Council such as meetings of the Council, quorum, special meetings etc. Second Schedule: is the Code of Conduct for the Practice of Journalists. The MCK Bill can be accessed on the Ministry’s website: http://www.information.go.ke/ The ten day discussion will focus on critical issues, and emerging key issues summarized each day. The process is as follows: Date Thematic Issues Mon 24 Jan, 2010 Intro: MCK’s conformity to the Constitution, Other entities e.g. vision 2030, Its contribution to development of Media, whether it is necessary to build professionalism/empowers etc. Tue 25 Jan Part 1, and Part 2: Functions of the Council, Operations of the Council Wed 26 Jan Part 2: Composition and Qualifications of Chairperson and Members Thur 27 Jan Part 2: Procedure for appointment of members Friday 28 Jan Part 2: Disqualification from membership to the Council, Requirements for appointment, tenure of office of Council members, Cessation of membership of Council members, Director and his/her functions, staff and common seal. Mon 31 Jan Part 3: Financial Provisions Tue 1 Feb, 2010 Part 4: Complaints and dispute resolution Wed 2 Feb Part 5: Miscellaneous Thur 3 Feb First Schedule and Parts of Second Schedule Fri 4 Feb Completion of Second Schedule We look forward to your active participation starting Monday morning. 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!
Dear All Welcome to day 1 of the discussion on the Media Bill 2010. We welcome those who have just subscribed to the mailing list. As reported last week, the discussion will take 10 days where different concerns will be raised on different days. The Kenya ICT Action Network (KICTANet), University of Nairobi (UoN), and the International Development and Research Center (IDRC) is launching the discussions as a response to an invitation by the Permanent Secretary Ministry of Information and Communication Dr. Bitange Ndemo's call for stakeholder input on two proposed draft bills (Media Bill and the Independent Communications Commission 2010 Bill. The Bills can be accessed on the ministry website: http://www.information.go.ke. The discussions will aim to obtain inputs from e-participants and other stakeholders, and begin to build consensus on the proposed draft bills. All comments, suggestions, edits and opinions relevant to the draft bills will be collated and will form part of KICTANet’s first draft report that will be validated at a face to face workshop in March 2011 (dates to be announced later). The final report will be submitted to the Ministry of Information and Communication as well as the Parliamentary Select committee on Energy Information and Communication. Today's discussion: The purpose of the Media Council Bill: An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes. Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall: a) be independent of control by government, political interests or commercial interests; b) reflect the sections of all sections of society; and c) set media standards and regulate and monitor compliance with those standards. We welcome responses/reflections to the following: 1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution? 2. Is this proposed Media Council best placed to perform and fulfill this purpose? 3. Will the proposed Media Council enhance professionalism and growth of media in Kenya? Rgds Grace _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com
thnx Grace for offering to guide us through this important bill - I do hope the many Media personalities on this list will actively participate in the discussion. With regard to your highlighted questions/reflections, 1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution? 2. Is this proposed Media Council best placed to perform and fulfill this purpose? 3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?I would respond by asking:-do we have a Media Policy in place such that the Media Bill/Legislation can then flow from it(this may address part 1 above). Another Question bothers me:- Isn't there a Media Council in place already and to what extend has it been successfull? (this may addres part 3 above) walu. walu. --- On Mon, 1/24/11, Grace Githaiga <ggithaiga@hotmail.com> wrote: From: Grace Githaiga <ggithaiga@hotmail.com> Subject: [kictanet] Media council Draft bill 2010 (Day one discussion) To: jwalu@yahoo.com Cc: kictanet@lists.kictanet.or.ke Date: Monday, January 24, 2011, 12:26 AM Dear All Welcome to day 1 of the discussion on the Media Bill 2010. We welcome those who have just subscribed to the mailing list. As reported last week, the discussion will take 10 days where different concerns will be raised on different days. The Kenya ICT Action Network (KICTANet), University of Nairobi (UoN), and the International Development and Research Center (IDRC) is launching the discussions as a response to an invitation by the Permanent Secretary Ministry of Information and Communication Dr. Bitange Ndemo's call for stakeholder input on two proposed draft bills (Media Bill and the Independent Communications Commission 2010 Bill. The Bills can be accessed on the ministry website: http://www.information.go.ke. The discussions will aim to obtain inputs from e-participants and other stakeholders, and begin to build consensus on the proposed draft bills. All comments, suggestions, edits and opinions relevant to the draft bills will be collated and will form part of KICTANet’s first draft report that will be validated at a face to face workshop in March 2011 (dates to be announced later). The final report will be submitted to the Ministry of Information and Communication as well as the Parliamentary Select committee on Energy Information and Communication. Today's discussion: The purpose of the Media Council Bill: An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes. Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall: a) be independent of control by government, political interests or commercial interests; b) reflect the sections of all sections of society; and c) set media standards and regulate and monitor compliance with those standards. We welcome responses/reflections to the following: 1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution? 2. Is this proposed Media Council best placed to perform and fulfill this purpose? 3. Will the proposed Media Council enhance professionalism and growth of media in Kenya? Rgds Grace _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: ggithaiga@hotmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/ggithaiga%40hotmail.com -----Inline Attachment Follows----- _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet This message was sent to: jwalu@yahoo.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com
Hi Grace, 1 - Please clarify #2 - the wording "b) reflect the sections of all sections of society; and..." Sorry I do not have access to the draft 2 - Assuming the actual wording for the item above varies only slightly, I'd possibly want to re-phrase it to capture common morals and ethics (or moral ethics if you like in order that we do not delve too much into philosophy at this stage). 3 - Thinking of the third question; "Will the proposed Media Council enhance professionalism and growth of media in Kenya?" I'd also like the discussion to touch on whether the proposed media council will help us return to and uphold acceptable moral values - if I may broadly cite the brainless topics on some FM stations in the morning, that air in matatus in which school going kids sometimes commute - as well as the not so savoury music shows that air between 4pm and 6pm - a time when content ideally should be for kids). 3 - And not meaning to jump the gun, I'd be interested to know which professionals comprise the council (i.e. does it include religious leaders? Kenya Union of Journalists? MSK? etc?) @Walu - we have the Media Owner's Association. F On 24 January 2011 00:26, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Dear All
Welcome to day 1 of the discussion on the Media Bill 2010. We welcome those who have just subscribed to the mailing list.
As reported last week, the discussion will take 10 days where different concerns will be raised on different days. The Kenya ICT Action Network (KICTANet), University of Nairobi (UoN), and the International Development and Research Center (IDRC) is launching the discussions as a response to an invitation by the Permanent Secretary Ministry of Information and Communication Dr. Bitange Ndemo's call for stakeholder input on two proposed draft bills (Media Bill and the Independent Communications Commission 2010 Bill. The Bills can be accessed on the ministry website: http://www.information.go.ke.
The discussions will aim to obtain inputs from e-participants and other stakeholders, and begin to build consensus on the proposed draft bills. All comments, suggestions, edits and opinions relevant to the draft bills will be collated and will form part of KICTANet’s first draft report that will be validated at a face to face workshop in March 2011 (dates to be announced later).
The final report will be submitted to the Ministry of Information and Communication as well as the Parliamentary Select committee on Energy Information and Communication.
*Today's discussion:*
The purpose of the Media Council Bill:
*An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes.*
Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall:
a) be independent of control by government, political interests or commercial interests;
b) reflect the sections of all sections of society; and
c) set media standards and regulate and monitor compliance with those standards.
We welcome responses/reflections to the following:
1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution?
2. Is this proposed Media Council best placed to perform and fulfill this purpose?
3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
Rgds
Grace
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-- Francis Hook +254 733 504561
Dear All,
Today's discussion:
The purpose of the Media Council Bill:
An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes.
Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall:
a) be independent of control by government, political interests or commercial interests; b) reflect the sections of all sections of society; and c) set media standards and regulate and monitor compliance with those standards.
We welcome responses/reflections to the following:
1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution?
Will the proposed Media Council be an 'improvement' of the current Media Council of Kenya ( or is it Media Owners Association? Perhaps to make it fulfill it's mandate can we be in a position to know what the Media Council does, and how much it has in terms of reigning in on journalists who do not subscribe to the Code of conduct for journalists.
2. Is this proposed Media Council best placed to perform and fulfill this purpose?
I don't know whether I'm off track, if the purpose serves the employment (hiring) and categorizing (freelance and those in media organizations) etc, then I find it relevant to the constitutional clauses.
3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
The reason, IMHO, for having a Media Council in place, is because there is little or no professionalism within the media fraternity in Kenya, and out of this, a Media Council would come in handy to bring the much needed professionalism to the fore. Setting up national qualifications for the members of the Fourth Estate, just like lawyers, is one thing that will make the growth of media be appreciated. Lawyers have to acquire a Diploma from the Kenya School of Law in order to practice law in Kenya, why then can't journalists have same? Regards,
Rgds Grace
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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 Listers Once again, thank you so so much for your contribution to day one discussion. Some contributions were specific for example what Erick provided on the wording of the Purpose of MCK. Emerging Issues/Concerns for further debate are categorized under the following: 1. Is there a need for existence of MCK or can journalists self-regualte? 2. Do the functions of MCK and BCAC overlap? 3. Would the purposes for which MCK and BCAC are being constituted,better be served by one general body to deal holistically with media issues? Lets see how the debate proceeds. Some of these concerns might arise but we have now flagged them. See you tomorrow as we discuss other concerns slated for day two. Rgds 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!
Dear All Thanks Walubengo, Khisa, Cook and Toby for your insights. And just a quick response to each of you: Walu, Yes there is a media policy in place that was passed just before the KCA Act of 2008. Unfortunately I do not have a copy and I have checked at the Ministry of Information website. It is also not available. But the MCK Bill has a basis on the media policy in matters of regulation. So, we are on the right track. There is a media council in place. I will not judge its success but I do know it has continued to receive complaints from the public. It also has conducted several trainings aimed at professionalizing the media. Khisa, the MCK is one form of control mechanism. There is also the broadcast Advisory Council (under CCK) where ordinary people can lodge in their complaints/concerns on news and programmes. Hook, I apologize on that repetition. It should actually read… "interests of all sections of society". Please find attached a soft copy of the MCK Bill 2010 for ease of reference. You can also access it on http://www.information.go.ke. On your suggestions to re-phrase it to capture common morals and ethics, this number 2 is in Article 34 (5) of the constitution. At this point, we can only make suggestions on the MCK Bill and not on the constitution. But lets see if there are possibilities of capturing your concerns in the subsequent dicussions. In regard to content on some of the FM Stations, there is a Broadcasting Advisory Council to take care of this. And this is in addition to MCK which deals with complaints regarding media conduct. We will be discussing the composition of the Council on day 4 (Thursday this week). I can already tell you that religious leaders are not proposed. However, it would be important for you to make contributions on which other professions should comprise Council Members. Toby, I agree with your sentiments. However my understanding is that a constitution is only meant to provide guidelines. The specifics can be spelt out in the Act. And yes some concerns you have raised about registration of journalists will be dealt with later in the week. We hope to see your reflection(s) on this. Thanks a lot people. Please lets hear more from the rest of the listers. And just a reminder of today's discussion: The purpose of the Media Council Bill: An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes. Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall: a) be independent of control by government, political interests or commercial interests; b) reflect the interests of all sections of society; and c) set media standards and regulate and monitor compliance with those standards. We welcome responses/reflections to the following: 1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution? 2. Is this proposed Media Council best placed to perform and fulfill this purpose? 3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
Thanks Grace First - what is the difference between this -----> http://www.mediacouncil.or.ke/ and the body proposed below? - I have seen an old story ( http://www.businessdailyafrica.com/Company%20Industry/-/539550/853208/-/view...) that mentions the creation of the Broadcast Advisory Council (according to that link it was to be in place about one year ago). I have also seen mention of "Broadcasting Content Advisory Council" - http://www.cck.go.ke/news/2010/news_09june2010.html - and from there I'd like to quote: "...Information and Communications Minister Hon. Samuel Poghisio urged the Council to move with speed to rid the airwaves of inappropriate programming." Please bear with me if this seems off topic- but in a sense perhaps this offers pause for thought on whether a media council will indeed make any difference if a broadcast content advisory council is YET to show any difference on matters that IMHO are no-brainers (like reading a recipe - e.g. if the music video is intended for adult audiences, DO NOT PLAY IT - simple - not rocket science) . The BCAC was inaugurated in June 2010 - its been six months now and according to the quote above we really should have seen some difference. Could someone please provide me with contact details for the BCAC? On 24 January 2011 13:58, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Dear All
Thanks Walubengo, Khisa, Cook and Toby for your insights. And just a quick response to each of you:
Walu, Yes there is a media policy in place that was passed just before the KCA Act of 2008. Unfortunately I do not have a copy and I have checked at the Ministry of Information website. It is also not available. But the MCK Bill has a basis on the media policy in matters of regulation. So, we are on the right track. There is a media council in place. I will not judge its success but I do know it has continued to receive complaints from the public. It also has conducted several trainings aimed at professionalizing the media.
Khisa, the MCK is one form of control mechanism. There is also the broadcast Advisory Council (under CCK) where ordinary people can lodge in their complaints/concerns on news and programmes.
Hook, I apologize on that repetition. It should actually read… "interests of all sections of society". Please find attached a soft copy of the MCK Bill 2010 for ease of reference. You can also access it on http://www.information.go.ke. On your suggestions to re-phrase it to capture common morals and ethics, this number 2 is in Article 34 (5) of the constitution. At this point, we can only make suggestions on the MCK Bill and not on the constitution. But lets see if there are possibilities of capturing your concerns in the subsequent dicussions.
In regard to content on some of the FM Stations, there is a Broadcasting Advisory Council to take care of this. And this is in addition to MCK which deals with complaints regarding media conduct. We will be discussing the composition of the Council on day 4 (Thursday this week). I can already tell you that religious leaders are not proposed. However, it would be important for you to make contributions on which other professions should comprise Council Members.
Toby, I agree with your sentiments. However my understanding is that a constitution is only meant to provide guidelines. The specifics can be spelt out in the Act. And yes some concerns you have raised about registration of journalists will be dealt with later in the week. We hope to see your reflection(s) on this.
Thanks a lot people. Please lets hear more from the rest of the listers.
And just a reminder of today's discussion:
The purpose of the Media Council Bill:
*An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes.*
Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall:
a) be independent of control by government, political interests or commercial interests;
b) reflect the interests of all sections of society; and
c) set media standards and regulate and monitor compliance with those standards.
We welcome responses/reflections to the following:
1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution?
2. Is this proposed Media Council best placed to perform and fulfill this purpose?
3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
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-- Francis Hook +254 733 504561
francis, the broadcast content advisory council (bcoac) was constituted last year but as far as i can tell it remains moribund 'because' the regulations proposed and published by the ministry to give effect to the communciations act of 2009 were challenged in court, in as far as they proposed to automatically renew the licences of the current broadcasters and legitimize the previous discriminatory licencing regime. that suit is pending and is the excuse - or reason - for the paralysis that the broadcast media finds itself in. apparently, the courts injuncted the ministry from operationalising the regulations pending the determination of the case (they are actually 2; one filed in nairobi and another in nakuru)and thus froze the cck from licencing new electronic media. so the argument, i guess, is that the BCAC is idle because the regulations are not in force. but then you wonder why they are earning allowances and occupying office yet doing nothing if in the first place their own legitimacy is in question. in any event, the provision for a broadcast content advisory board is contained in the parent communications act not the subsidiary legislation/regulations. may be dr ndemo should shade some light on this situ. david _______________ "If my doctor told me I had only six minutes to live, I wouldn't brood. I'd type a little faster." — Isaac Asimo, Columbian Author and Scientist _______________ PO Box 3234 00200 Nairobi, Kenya cell: +254 722 517 540 ________________________________ From: Francis Hook <francis.hook@gmail.com> To: dmakali@yahoo.com Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke> Sent: Mon, January 24, 2011 4:54:47 PM Subject: Re: [kictanet] Media Council Draft Bill 2010 (Day one discussion) Thanks Grace First - what is the difference between this -----> http://www.mediacouncil.or.ke/ and the body proposed below? - I have seen an old story (http://www.businessdailyafrica.com/Company%20Industry/-/539550/853208/-/view...) that mentions the creation of the Broadcast Advisory Council (according to that link it was to be in place about one year ago). I have also seen mention of "Broadcasting Content Advisory Council" - http://www.cck.go.ke/news/2010/news_09june2010.html - and from there I'd like to quote: "...Information and Communications Minister Hon. Samuel Poghisio urged the Council to move with speed to rid the airwaves of inappropriate programming." Please bear with me if this seems off topic- but in a sense perhaps this offers pause for thought on whether a media council will indeed make any difference if a broadcast content advisory council is YET to show any difference on matters that IMHO are no-brainers (like reading a recipe - e.g. if the music video is intended for adult audiences, DO NOT PLAY IT - simple - not rocket science) . The BCAC was inaugurated in June 2010 - its been six months now and according to the quote above we really should have seen some difference. Could someone please provide me with contact details for the BCAC? On 24 January 2011 13:58, Grace Githaiga <ggithaiga@hotmail.com> wrote: Dear All
Thanks Walubengo, Khisa, Cook and Toby for your insights. And just a quick response to each of you:
Walu, Yes there is a media policy in place that was passed just before the KCA Act of 2008. Unfortunately I do not have a copy and I have checked at the Ministry of Information website. It is also not available. But the MCK Bill has a basis on the media policy in matters of regulation. So, we are on the right track. There is a media council in place. I will not judge its success but I do know it has continued to receive complaints from the public. It also has conducted several trainings aimed at professionalizing the media.
Khisa, the MCK is one form of control mechanism. There is also the broadcast Advisory Council (under CCK) where ordinary people can lodge in their complaints/concerns on news and programmes.
Hook, I apologize on that repetition. It should actually read… "interests of all sections of society". Please find attached a soft copy of the MCK Bill 2010 for ease of reference. You can also access it on http://www.information.go.ke. On your suggestions to re-phrase it to capture common morals and ethics, this number 2 is in Article 34 (5) of the constitution. At this point, we can only make suggestions on the MCK Bill and not on the constitution. But lets see if there are possibilities of capturing your concerns in the subsequent dicussions.
In regard to content on some of the FM Stations, there is a Broadcasting Advisory Council to take care of this. And this is in addition to MCK which deals with complaints regarding media conduct. We will be discussing the composition of the Council on day 4 (Thursday this week). I can already tell you that religious leaders are not proposed. However, it would be important for you to make contributions on which other professions should comprise Council Members.
Toby, I agree with your sentiments. However my understanding is that a constitution is only meant to provide guidelines. The specifics can be spelt out in the Act. And yes some concerns you have raised about registration of journalists will be dealt with later in the week. We hope to see your reflection(s) on this.
Thanks a lot people. Please lets hear more from the rest of the listers.
And just a reminder of today's discussion:
The purpose of the Media Council Bill:
An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes.
Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall:
a) be independent of control by government, political interests or commercial interests; b) reflect the interests of all sections of society; and c) set media standards and regulate and monitor compliance with those
standards.
We welcome responses/reflections to the following:
1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution? 2. Is this proposed Media Council best placed to perform and fulfill this purpose? 3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
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Hi David, Thanks for shedding light on this. So then it should be disbanded until such a time that the issues are resolved. Alas, then we have to wait a little longer until TV stations are compelled to occupy 4pm to 6pm with content suitable for kids. On the other hand, why can't the TV stations take the initiative to do this (ergo claim the moral higher ground and start on the road to self-regulation ? I know commercial considerations come into play but seriously .....my TV is off until 7pm - so, I know for sure at least two adults in Kenya who are not viewing the ads from Monday to Friday between the music shows where skimpily clad women gyrate to the dreadful sounds of fully grown men dressed like teenagers....and not meaning to toot my horn, but they I belong to the demographic that will buy goods and services... On , David Makali <dmakali@yahoo.com> wrote:
francis,
the broadcast content advisory council (bcoac) was constituted last year but as far as i can tell it remains moribund 'because' the regulations proposed and published by the ministry to give effect to the communciations act of 2009 were challenged in court, in as far as they proposed to automatically renew the licences of the current broadcasters and legitimize the previous discriminatory licencing regime. that suit is pending and is the excuse - or reason - for the paralysis that the broadcast media finds itself in. apparently, the courts injuncted the ministry from operationalising the regulations pending the determination of the case (they are actually 2; one filed in nairobi and another in nakuru)and thus froze the cck from licencing new electronic media. so the argument, i guess, is that the BCAC is idle because the regulations are not in force. but then you wonder why they are earning allowances and occupying office yet doing nothing if in the first place their own legitimacy is in question. in any event, the provision for a broadcast content advisory board is contained in the parent communications act not the subsidiary legislation/regulations. may be dr ndemo should shade some light on this situ.
david
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From: Francis Hook francis.hook@gmail.com> To: dmakali@yahoo.com Cc: KICTAnet ICT Policy Discussions kictanet@lists.kictanet.or.ke> Sent: Mon, January 24, 2011 4:54:47 PM Subject: Re: [kictanet] Media Council Draft Bill 2010 (Day one discussion)
Thanks Grace
First - what is the difference between this -----> http://www.mediacouncil.or.ke/ and the body proposed below?
- I have seen an old story (http://www.businessdailyafrica.com/Company%20Industry/-/539550/853208/-/view...) that mentions the creation of the Broadcast Advisory Council (according to that link it was to be in place about one year ago). I have also seen mention of "Broadcasting Content Advisory Council" - http://www.cck.go.ke/news/2010/news_09june2010.html - and from there I'd like to quote:
"...Information and Communications Minister Hon. Samuel Poghisio urged the Council to move with speed to rid the airwaves of inappropriate programming."
Please bear with me if this seems off topic- but in a sense perhaps this offers pause for thought on whether a media council will indeed make any difference if a broadcast content advisory council is YET to show any difference on matters that IMHO are no-brainers (like reading a recipe - eg if the music video is intended for adult audiences, DO NOT PLAY IT - simple - not rocket science) .
The BCAC was inaugurated in June 2010 - its been six months now and according to the quote above we really should have seen some difference.
Could someone please provide me with contact details for the BCAC?
On 24 January 2011 13:58, Grace Githaiga ggithaiga@hotmail.com> wrote:
Dear All
Thanks Walubengo, Khisa, Cook and Toby for your insights. And just a quick response to each of you:
Walu, Yes there is a media policy in place that was passed just before the KCA Act of 2008. Unfortunately I do not have a copy and I have checked at the Ministry of Information website. It is also not available. But the MCK Bill has a basis on the media policy in matters of regulation. So, we are on the right track. There is a media council in place. I will not judge its success but I do know it has continued to receive complaints from the public. It also has conducted several trainings aimed at professionalizing the media.
Khisa, the MCK is one form of control mechanism. There is also the broadcast Advisory Council (under CCK) where ordinary people can lodge in their complaints/concerns on news and programmes.
Hook, I apologize on that repetition. It should actually read… "interests of all sections of society". Please find attached a soft copy of the MCK Bill 2010 for ease of reference. You can also access it on http://www.information.go.ke. On your suggestions to re-phrase it to capture common morals and ethics, this number 2 is in Article 34 (5) of the constitution. At this point, we can only make suggestions on the MCK Bill and not on the constitution. But lets see if there are possibilities of capturing your concerns in the subsequent dicussions.
In regard to content on some of the FM Stations, there is a Broadcasting Advisory Council to take care of this. And this is in addition to MCK which deals with complaints regarding media conduct. We will be discussing the composition of the Council on day 4 (Thursday this week). I can already tell you that religious leaders are not proposed. However, it would be important for you to make contributions on which other professions should comprise Council Members.
Toby, I agree with your sentiments. However my understanding is that a constitution is only meant to provide guidelines. The specifics can be spelt out in the Act. And yes some concerns you have raised about registration of journalists will be dealt with later in the week. We hope to see your reflection(s) on this.
Thanks a lot people. Please lets hear more from the rest of the listers.
And just a reminder of today's discussion:
The purpose of the Media Council Bill:
An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes.
Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall:
a) be independent of control by government, political interests or commercial interests;
b) reflect the interests of all sections of society; and
c) set media standards and regulate and monitor compliance with those standards.
We welcome responses/reflections to the following:
1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution?
2. Is this proposed Media Council best placed to perform and fulfill this purpose?
3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
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This message was sent to: francis.hook@gmail.com
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-- Francis Hook +254 733 504561
hi francis the main difference between the two is that the media council is intended to regulate journalists and media professionals by setting educational and ethical standards for journalist somewhat like ICPAK and LSK. whereas the BCAC are to be set up to regulate the content on news,radio etc On 1/24/11, Francis Hook <francis.hook@gmail.com> wrote:
Thanks Grace
First - what is the difference between this -----> http://www.mediacouncil.or.ke/ and the body proposed below?
- I have seen an old story ( http://www.businessdailyafrica.com/Company%20Industry/-/539550/853208/-/view...) that mentions the creation of the Broadcast Advisory Council (according to that link it was to be in place about one year ago). I have also seen mention of "Broadcasting Content Advisory Council" - http://www.cck.go.ke/news/2010/news_09june2010.html - and from there I'd like to quote:
"...Information and Communications Minister Hon. Samuel Poghisio urged the Council to move with speed to rid the airwaves of inappropriate programming."
Please bear with me if this seems off topic- but in a sense perhaps this offers pause for thought on whether a media council will indeed make any difference if a broadcast content advisory council is YET to show any difference on matters that IMHO are no-brainers (like reading a recipe - e.g. if the music video is intended for adult audiences, DO NOT PLAY IT - simple - not rocket science) .
The BCAC was inaugurated in June 2010 - its been six months now and according to the quote above we really should have seen some difference.
Could someone please provide me with contact details for the BCAC?
On 24 January 2011 13:58, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Dear All
Thanks Walubengo, Khisa, Cook and Toby for your insights. And just a quick response to each of you:
Walu, Yes there is a media policy in place that was passed just before the KCA Act of 2008. Unfortunately I do not have a copy and I have checked at the Ministry of Information website. It is also not available. But the MCK Bill has a basis on the media policy in matters of regulation. So, we are on the right track. There is a media council in place. I will not judge its success but I do know it has continued to receive complaints from the public. It also has conducted several trainings aimed at professionalizing the media.
Khisa, the MCK is one form of control mechanism. There is also the broadcast Advisory Council (under CCK) where ordinary people can lodge in their complaints/concerns on news and programmes.
Hook, I apologize on that repetition. It should actually read… "interests of all sections of society". Please find attached a soft copy of the MCK Bill 2010 for ease of reference. You can also access it on http://www.information.go.ke. On your suggestions to re-phrase it to capture common morals and ethics, this number 2 is in Article 34 (5) of the constitution. At this point, we can only make suggestions on the MCK Bill and not on the constitution. But lets see if there are possibilities of capturing your concerns in the subsequent dicussions.
In regard to content on some of the FM Stations, there is a Broadcasting Advisory Council to take care of this. And this is in addition to MCK which deals with complaints regarding media conduct. We will be discussing the composition of the Council on day 4 (Thursday this week). I can already tell you that religious leaders are not proposed. However, it would be important for you to make contributions on which other professions should comprise Council Members.
Toby, I agree with your sentiments. However my understanding is that a constitution is only meant to provide guidelines. The specifics can be spelt out in the Act. And yes some concerns you have raised about registration of journalists will be dealt with later in the week. We hope to see your reflection(s) on this.
Thanks a lot people. Please lets hear more from the rest of the listers.
And just a reminder of today's discussion:
The purpose of the Media Council Bill:
*An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes.*
Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall:
a) be independent of control by government, political interests or commercial interests;
b) reflect the interests of all sections of society; and
c) set media standards and regulate and monitor compliance with those standards.
We welcome responses/reflections to the following:
1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution?
2. Is this proposed Media Council best placed to perform and fulfill this purpose?
3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: francis.hook@gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/francis.hook%40gmail.co...
-- Francis Hook +254 733 504561
hi francis the main difference between the two is that the media council is intended to regulate journalists and media professionals by setting educational and ethical standards for journalist somewhat like ICPAK and LSK. whereas the BCAC is to be set up to regulate the content on news,radio etc On 1/24/11, Francis Hook <francis.hook@gmail.com> wrote:
Thanks Grace
First - what is the difference between this -----> http://www.mediacouncil.or.ke/ and the body proposed below?
- I have seen an old story ( http://www.businessdailyafrica.com/Company%20Industry/-/539550/853208/-/view...) that mentions the creation of the Broadcast Advisory Council (according to that link it was to be in place about one year ago). I have also seen mention of "Broadcasting Content Advisory Council" - http://www.cck.go.ke/news/2010/news_09june2010.html - and from there I'd like to quote:
"...Information and Communications Minister Hon. Samuel Poghisio urged the Council to move with speed to rid the airwaves of inappropriate programming."
Please bear with me if this seems off topic- but in a sense perhaps this offers pause for thought on whether a media council will indeed make any difference if a broadcast content advisory council is YET to show any difference on matters that IMHO are no-brainers (like reading a recipe - e.g. if the music video is intended for adult audiences, DO NOT PLAY IT - simple - not rocket science) .
The BCAC was inaugurated in June 2010 - its been six months now and according to the quote above we really should have seen some difference.
Could someone please provide me with contact details for the BCAC?
On 24 January 2011 13:58, Grace Githaiga <ggithaiga@hotmail.com> wrote:
Dear All
Thanks Walubengo, Khisa, Cook and Toby for your insights. And just a quick response to each of you:
Walu, Yes there is a media policy in place that was passed just before the KCA Act of 2008. Unfortunately I do not have a copy and I have checked at the Ministry of Information website. It is also not available. But the MCK Bill has a basis on the media policy in matters of regulation. So, we are on the right track. There is a media council in place. I will not judge its success but I do know it has continued to receive complaints from the public. It also has conducted several trainings aimed at professionalizing the media.
Khisa, the MCK is one form of control mechanism. There is also the broadcast Advisory Council (under CCK) where ordinary people can lodge in their complaints/concerns on news and programmes.
Hook, I apologize on that repetition. It should actually read… "interests of all sections of society". Please find attached a soft copy of the MCK Bill 2010 for ease of reference. You can also access it on http://www.information.go.ke. On your suggestions to re-phrase it to capture common morals and ethics, this number 2 is in Article 34 (5) of the constitution. At this point, we can only make suggestions on the MCK Bill and not on the constitution. But lets see if there are possibilities of capturing your concerns in the subsequent dicussions.
In regard to content on some of the FM Stations, there is a Broadcasting Advisory Council to take care of this. And this is in addition to MCK which deals with complaints regarding media conduct. We will be discussing the composition of the Council on day 4 (Thursday this week). I can already tell you that religious leaders are not proposed. However, it would be important for you to make contributions on which other professions should comprise Council Members.
Toby, I agree with your sentiments. However my understanding is that a constitution is only meant to provide guidelines. The specifics can be spelt out in the Act. And yes some concerns you have raised about registration of journalists will be dealt with later in the week. We hope to see your reflection(s) on this.
Thanks a lot people. Please lets hear more from the rest of the listers.
And just a reminder of today's discussion:
The purpose of the Media Council Bill:
*An Act of Parliament to provide for the realization of the right to freedom of expression and freedom of media; for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media, and for connected purposes.*
Article 33 of the Constitution provides for Freedom of Expression, while Article 34 provides for the freedom of Media. Further in Article 34, sub article 5, it states...Parliament shall enact legislation that provides for the establishment of a body which shall:
a) be independent of control by government, political interests or commercial interests;
b) reflect the interests of all sections of society; and
c) set media standards and regulate and monitor compliance with those standards.
We welcome responses/reflections to the following:
1. Is the purpose (as stated above) satisfactory, or should it be enhanced to reflect the provisions in the constitution?
2. Is this proposed Media Council best placed to perform and fulfill this purpose?
3. Will the proposed Media Council enhance professionalism and growth of media in Kenya?
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet
This message was sent to: francis.hook@gmail.com Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/francis.hook%40gmail.co...
-- Francis Hook +254 733 504561
McTim Please find attached the Media Bill 2010. The Code of Conduct and Practice of Journalism is the Second Schedule. I realize I should have mentioned that. Rgds 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!
participants (9)
-
Alice Munyua -
bitange＠jambo.co.ke -
David Makali -
Francis Hook -
Francis.Hook＠gmail.com
-
Grace Githaiga -
k.k. ombati -
Solomon Mburu Kamau -
Walubengo J