[kictanet] Moses Geneology + ICT Wish List, Day 2 of 4.

Tue Jul 10 15:04:17 EAT 2007

Alex,

looks like u have abondoned the ICT wish list and become an
anthropologist?...Anyway, here is some stuff I picked from
my archive regarding comments from KICTAnet chaps on the
Broadcasting component a while back.  Wonder if they still
apply...

~~~~~~~~begins~~~~
Media and Broadcast Group summaries

Although the Bill must be commended for addressing
pertinent issues regarding operations of broadcast media in
the country, the following have been identified by the
group members as issues that require attention:
Broadcast Licensing
Clause 8(1)
Transparency in issuing broadcast licenses is first of all
compromised by the procedure in appointment to the
Commission Board. There's need to review Ministerial
appointment.  The appointment should be determined by an
independent appointments committee that must be independent
of the government, media and ICT industry. In simple terms,
there is need to ensure that appointed representatives of
the Board must serve in their individual capacities, and
not as representatives of the institutions that they may be
serving. But the key issue here is the establishment of an
independent appointments committee. In this way, there is a
guarantee that we shall not see what we've seen in the past
where the Commission Board faces interference especially
from the executive.
The other alternative is to have a list of possible
appointees first vetted by Parliament before being finally
approved by the Minister for appointment. The problem with
Parliament is the possibility of the Commission being a
victim of untold interference by political forces.
Clause 28 This is just food for thought for others to think
about. Don't you think licences to broadcast should be
issued to corporate rather than individuals?  Although
controversial, I see certain problems that may arise, for
instance:
1.	who gets the license in case of the individuals demise,
is the person qualified?
2.	what if with time the individual is unable to meet
financial obligations? For example, who is held responsible
to pay for damages in the event the individual absconds
after loosing a case regarding defamation, copyright?
A corporation at least has perpetual succession and is
likely to be more liquid and is also assumed to more
interested in public rather than serving individual
interests. What do the others think?
Cross-media ownership
Clause 28
Clause 28 (1) and (2) prohibits issuing broadcast licenses
to persons or entities with interests in other broadcast
category. This should be encouraged to promote diversity in
broadcast. On the other hand, 28(2) which prohibits issuing
a broadcast licensee who owns or controls a newspaper or
more than ten per centum of the securities in a body
corporate owning or controlling a newspaper may in a way
discourage entrepreneurship in a country where getting
capital to invest is a big challenge.

Alfred Odour: According to Alfred, this should be
re-examined to encourage entrepreneurship. For example, if
I own 100 per cent of a newspaper that is sold only in
Mfangano Island, why should I not own radio station in
Lokichogio? People who read my newspaper would not be
influenced by the broadcasts in Lokichogio, though I have
control of both entities. In this regard, the South African
Electronic Act is more elaborate. The clause could be
revised to allow someone to own both radio and newspaper if
the consumers of the contents are mutually exclusive.

Content Regulation
Tony Wafula: The Kenya ICT policy proposes the formation of
a content Advisory council that would among other issues
monitor and regulate broadcast content. I find this
impractical in the sense that the council will have to
choose between being reactive or pro-active. The definition
of content need to be redefined here. For instance will the
council vet all scripts before they go on-air on a daily
basis? If so doesn’t this amount to advance censorship?

Now that the govt has passed the media bill, won't the
content advisory council interfere with the role of the
Media council of Kenya?

These are some of the issues we should follow up.   In my
view the dictates of an open society do not encourage the
existence of a content advisory council. Most of the
problems here can be dealt with at an ethical perspective.

Solomon: Clause 29 (2) (g) This provision that programming
should promote Kenyan identity should go further than this
and include the requirement that the programming should
promote Kenyan cultural identity. This is to avoid a
situation where we have programmes that although produced
locally but in essence do not reflect Kenyan culture and
values. 
Clause 33 (1) (f) In applying the "fairness doctrine", this
clause should replace "alternative points of view" with
"all sides of the argument" since the former is rather
vague. For instance, does alternative represent the other
side of the argument or just another source that may not
really be reflecting the opposing views?
Clause 33 (1) (j) an addition could also be made to this
clause regarding "respect to the principle of fair
competition in advertising generally accepted in business".
This is due to what we have witnessed before; "advertising
war between competing companies that may at times turn
ugly". Probably we could add here that content should
conform to "contemporary community standards"
Clause 33 (1) (f) this provision should also include the
requirement that whenever there is going to be recorded
telephone conversations, a broadcast station must first
seek consent from the said person prior to the beginning of
the conversation even though the party may later consent to
the airing of that conversation. This is due to the
assumption that the conversation will only be aired subject
to the individual’s approval. The key is permission must be
granted before the conversation takes place. c/f: FCC rules
on broadcasting telephone conversation
Definition: The definition of what really constitutes local
or Kenya programme sounds a little bit vague. For instance,
should emphasis be on just the geographical boundaries or
the cultural boundaries. If, for example, most of the
programmes by a TV station are locally produced but the
content heavily reflects those in the West but do not
really contradict "Kenyan values", does this qualify to be
local? For instance, arguments have been levelled against
locally produced versions of Kenyan soaps to be nothing but
reproduction of the Spanish soaps - issue of "same scripts
but with different casts". 
Community broadcasting

Although community broadcasting can be used to propagate
ethnicity if not managed well, it must be realised that
community broadcasting is very important especially in
promoting the well being of communities who would otherwise
have been left out by mainstream media. I propose that the
Bill should bring out clear difference between ethnic media
(I presume this should be classified under private
broadcasting) and community media with particular reference
to the nature of content in their programming which the
draft is silent on. Good examples exist in South Africa and
Namibia. A few are also doing a good job here in Kenya.

Clause 30(3) (d) Community broadcast is very sensitive in
Kenya and many have equated ethnic broadcast stations with
community media. It is therefore necessary that conditions
and guidelines in this clause should be provided such that
there is no confusion. For example, one condition for the
licensee should be that the station should not be used to
undermine other ethnic communities or show any prejudice. 

~~~~~~Ends~~~~
walu.

--- Alex Gakuru <alex.gakuru at yahoo.com> wrote:

> This is an interesting one;
>  
> We are having an argument whether or not Moses was of
> Kenyan origins! Some say Yes -with Queen of Sheba,
> General Mathenge, et. al. from next door. 
> 
> The others say "No way" What do you think?
> 
> Thanks,
> 
> Alex
> 
> 
> 
> 
>        
>
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