[kictanet] Media Bill 2007.

[Joe Mucheru]

Bwana PS,

I have read today's papers and I do agree with you that we have everything
to worry about. This is particularly because in part I agree with the
newspaper reports regarding the Communications Amendment Bill. My fear and
worry is that this very serious matter is now going to be politicized and we
shall not have a soberly thought-out change in our laws.

I have to say as one who participated in the policy formulation process am
disappointed because most of the recommendations we made and agreed on seem
to have been left out in the gazetted bill and things we totally were
unhappy about were left in. Basically we have the original draft the
government gave without taking our views which we presented into account.
Let me give examples;

1) The definition of a broadcaster and broadcasting (page 1205) both
paragraphs are vague and ambiguous. Internet Protocol services can be
defined as broadcasting (or not). Laws need to be very clear. This has all
sorts of implications especially with the convergence of technologies. Which
licence an Internet service provider should get is not clear. Today you can
watch BBC and CNN news online. YouTUBE ( http://www.youtube.com ) and many
other multimedia sites offer video and other services, Radio stations and
POD Casts are streamed online.  We raised these issues and we were ignored.

2) Certification Authority (page 1236/7) - certification authority. This is
very useful for e-commerce and online trading. With the revised legislation,
Internationally recognised and globally accepted certification authorities
such as Verisign can only be recognised in Kenyan law if they apply for a
licence from CCK. E-commerce is also international. This will put Kenya in
an Island and with globalisation this is not workable

3) On the top level domain (.ke) (page 1236/7) - Today CCK already regulates
KENIC through the sitting on its board and I do not see the need for
increased regulation. .ke is faced with competition from other domain names
and we must ensure regulation of the same does not discourage it's use.
Registrars locally are able to administer top level domains without CCK and
this will not change.

These are just a few points to explain my point - the list is not exhaustive

I would also like to go on record and state in summary that if the
Amendments are passed, am afraid the COST of regulation in Kenya will be so
high for example CCK will have the obligation to manage and determine
suitable content for the country. Secondly, the cost of monitoring and
storing all content in Kenya will not only be astronomical but I also
believe impractical and will create a significant "grey market"

So Bwana PS, what can be done to incorporate some of the recommendations to
the otherwise much needed Communications Amendment Bill.

--
Joseph Mucheru
mucheru at wananchi.com


> From: <bitange at jambo.co.ke>
> Reply-To: Kenya ICT Action Network - KICTANet <kictanet at kictanet.or.ke>
> Date: Fri, 1 Jun 2007 15:03:12 +0300 (EAT)
> To: <mucheru at wananchi.com>
> Subject: [kictanet] Media Bill 2007.
> 
> Dear All,
> If you read today's papers, you have everything to worry.  It is being
> alledged that the ICT Bill is worse than the Media Bill and That
> Government did not consult.  I know you all participated in many ICT fora
> discussing just what is being criticised.  After the first reading we have
> another go at it but not to kill it at inception.
> 
> I need not tell anyone that this Bill will unlock the ICT potential in
> this country.  Where were these people when you sacrificed your time to
> have a just legislation in place?
> 
> On Broadcasting, Kenya has one of the most liberal laws in place.  We have
> tried to have a frequency in Britain, China, the USA on reciprical
> relations in vain.  We toned down stakeholder's requirement on restrictive
> cross media ownership by adopting South Africa Model but these people want
> nothing but jungle laws in a democratic country.
> 
> Since you access internet, please check, there is no country in the world
> that does not have some sort of media regulation.  In fact opponents of
> these Bills should be asked to name at least one country that has no
> regulation in media.
> 
> Regards
> 
> 
> Ndemo.
> 
> 
> 
> 
> 
> 
> 
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