Re: [kictanet] New Regulations & the Media: Broadcasting Regulations and the Statute Misc Amendement Act

16 Jan 2010

      Hi Warigia and all,

Attached broadcast regulation and the Miscellaneous amendment act.

best
alice

warigia bowman wrote:
...
Alice, can you upload a PDF of the new regulations for the list?
Rigia
On Thu, Jan 14, 2010 at 11:01 AM, alice <alice@apc.org 
<mailto:alice@apc.org>> wrote:
But what happened to the right to receive accurate and honest
    information? On the current coverage of the broadcast regulation,
    the media seems to be focusing on the political/economic self
    interest aspect only rather than the broader interplay between
    technology, markets, government and political self-interest and I
    have not seen/heard or read anything on the benefits to the
    public, (viewers/consumers).
There is also some misrepresentation of for example section 43 1.
    Some of the TV and radio stations have reported that the new
    regulations will limit broadcast and reporting of emergencies: But
    that section (43 1 of the "Kenya gazette supplement number 86 of
    December 2009) in fact compels broadcast service providers to
    provide notice of public emergencies:
'43 1) all broadcasting service providers shall provide a public
    notice of an emergency or a public disaster announcement upon the
    request of a person authorized by the Government'
And did you know that the recent STATUTE LAW (MISCELLANEOUS
    AMENDMENTS) BILL, 2009 *deleted* the much contested section 88 of
    the Kenya Communications Act 1998, which gave the minister powers
    to "take temporary possession of any telecommunication apparatus
    or any radio communication station apparatus within Kenya? If you
    recall the drama at the beginning of the year, when media stuck to
    reporting, erroneously, that this section was contained in the new
    KCA amendment act 2009, while it had been in existence since 1998.
The genesis of the broadcast regulation is not just limited to
    politics; rather, it has been influenced by the rapid evolution of
    broadcasting technology, and especially the recent move from
    analogue to digital which will transform our broadcast landscape
    beyond recognition. Digitisation will enable grater compression of
    content into what spectrum we have available, so scarcity will no
    longer be the issue for new entrants, it will also enable viewers
    to decide on what content they care about to watch or listen to
    and will depend less on the platform used for transmission of the
    content. The same content can be viewed/listened to on mobiles,
    computers, internet sites, etc other factors include bundling of
    attractive content with advertising, unlike analogue, viewers can
    block the adverts, which may make the traditional way of financing
    content unsustainable, but will make processing (technical
    aspects) of information/content cheaper.
The changes for broadcasters have major implications for
    regulators, for example, while digitisation will introduce more
    competition, diverse market for broadcast content and enhance
    viewing decision making, issues of piracy, abuse of intellectual
    property (because of the ease at which digitisation will provide
    for copying of content) is likely to rise. Further, there will be
    need for vigilance on market power of bigger broadcasters, or new
    broadcasters, particularly those who have the resources to corner
    the market with say premium content like football matches, etc. So
    it’s not just about politics, there is much much more...
Views expressed are personal and not a reflection of any of the
    institutions/organisations I am affiliated with.
Best, Alice
Leonard Mware wrote:
Spot on Barak! Tumechoka! The sooner something is done the
        better, Bwana Ndemo.
--- On *Thu, 1/14/10, Barrack Otieno
        /<otieno.barrack@gmail.com
        <mailto:otieno.barrack@gmail.com>>/* wrote:
From: Barrack Otieno <otieno.barrack@gmail.com
        <mailto:otieno.barrack@gmail.com>>
        Subject: Re: [kictanet] New Regulations & the Media
        To: mleonardo@yahoo.com <mailto:mleonardo@yahoo.com>
        Cc: "KICTAnet ICT Policy Discussions"
        <kictanet@lists.kictanet.or.ke
        <mailto:kictanet@lists.kictanet.or.ke>>
        Date: Thursday, January 14, 2010, 12:22 PM
Bwana Wainaina tumechoka!
I was just listening to Classic 105 this morning in a matatu
        and i was
        ashamed of what i was hearing at 9.00 am, i thought we used to
        have
        such programs after 11 PM (late night ) as they were called at
        this
        rate life expectancy might as well be reduced to 30 (i have no
        scientific justification or research to support this). The
        problem is
        not freedom, the issue is what to do with the freedom, if i
        heard Dr
        Ndemo correctly when he did a press briefing, he mentioned the
        fact
        that he had invited all the stakeholders in the media
        fraternity to
        deliberate on the issue but they are either reluctant or
        non-commital,
        i see the media as a double edged sword, it can liberate and
        it can
        kill, can the media council and the media owners get their act
        right
        in so far as content regulation is concerned, otherwise we
        might end
        up with a scenario akin to the Matatu Industry madness which is
        holding our nation at ransom. (and by the way did anyone do some
        research on how much we lost during the two day strike?)
        We shall overcome
On 1/14/10, Wainaina Mungai <wainaina@madeinkenya.org
        <mailto:wainaina@madeinkenya.org>
        <http://us.mc552.mail.yahoo.com/mc/compose?to=wainaina@madeinkenya.org>>
wrote:
        > Hi all,
        >
        > When Dr. Ndemo published the new media regulations a few days
        ago, the
        > Media Owners complained..... naturally.
        >
        > However, there has been no debate on KICTANet and the press
        seems
        > unsure on whether to fight this time round.
        >
        > I am surprised at the very loud silence on the issue. Is it
        a sign
        > there is a major storm brewing?
        >
        > Wainaina
        >
        > --
        > Sent from my mobile device
        >
        > ---
        > http://www.bungesms.com <http://www.bungesms.com/>
        > http://www.madeinkenya.org <http://www.madeinkenya.org/>
        > http://www.wainainamungai.com <http://www.wainainamungai.com/>
>
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-- 
Dr. Warigia Bowman
Assistant Professor
The Department of Public Policy Leadership
The University of Mississippi
107 Odom Hall
University, MS 38677
URL: http://www.olemiss.edu/depts/leadership/index.html
PHONE: 662-915-1904
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alice

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