[kictanet] [ke-internetusers] Kenya communications (amendment)Bill: Is media overacting?

Mon Dec 15 01:37:20 EAT 2008

Dear David,
Thank you for your understanding that electronic media must be regulated.  At the same time, I note with disappointment that you have not read the Bill especially as it relates to content regulation.  I want to make it clear and you can rea for yourself that CCK will not intevere with any content but will ask to certain content at specified times.  For example that content of adult nature must be aired after prime time.

And of course they would look at the manner you present the content.  For example, if you are reading news and you are reporting on dead bodies, it is prudent to warn the viewers just in case they either do not want to see or they do not want their children to see.

There is nothing in the bill to suggest that the Government would direct the journalist as to what can be seen.  In fact the section was revised in consultation with Media.

Sec 88 was not part of the amendments from the start and even if the President wanted to send the amendment back, it will not be possible as it was not part of the originally publeshed amendments.  In my view if we want to strike out this section fast, we have to use the misleneous amendment bill.  This is the only way out and it will be supported accross the isle.

Ndemo
Sent from my BlackBerry®

-----Original Message-----
From: dmakali at yahoo.com

Date: Sun, 14 Dec 2008 15:27:41 
To: <bitange at jambo.co.ke>
Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
Subject: Re: [kictanet] [ke-internetusers] Kenya communications (amendment)
	Bill: Is media overacting?

Wainaina
I can't argue against your sources but am certain that stage of black out for mps hasn't been reached at all. In fact we are meeting tue to evaluate exactly the import of the passage of that bill and bring every1 on the same page. 
Of course blacking out not just some 25 mps but all is very much a possible line of action. And for good reason- these mps did not consider ANY of the changes we proposed. That gang approach doesn't lend itself to decent engagement frm the media. They have abused their power and ignored our views, not reasonably but glibly. 
I am totally in agrment with thoz who argue the broadcast media needs regulation, because it is true. I don't even share some defensive views about ownership held by moa- I see no value in nmg getting more radio or tv frequencies for eg coz they already have too many, or royal media having all thoz frequencies. Its simply obscene. But that is a diff story frm govt getting into micro management of media conent or , the minister having power to raid and confiscate equipment or occupy or take over a media house. There was no emergency wen michuki used mercenaries to raid standard.
Plus the ethical issues being raised about content can and are already addressed under the media act. The worst thing you want is to invite govt fiat into content matters. You will rue the day you get a dictatorial govt. Examples are many.
Similarly, how do you allow the minister to give directions to a commission that's supposd to be independent? He shud take its advice not rubber stamp his decisions. And how do you have a commission appointed solely by the minister without any guidelines? Criteria to follow?
Finally did you see the clause about kbc? Nothing about its roles, and obligations? Even the principal act is beta!
Well, wainaina and other kictanets, it would be useful to speak to these issues even as you condemn the media for obviously lopsided reporting and wailing.
David

Sent from my BlackBerry® wireless device

-----Original Message-----
From: "Wainaina Mungai" <wainaina at madeinkenya.org>

Date: Sun, 14 Dec 2008 17:53:55 
To: <dmakali at yahoo.com>; KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
Subject: Re: [ke-internetusers] Kenya communications (amendment) Bill: Is media overacting?

David,

I am very much involved the media and you & I know that it was agreed
that the Action Plan includes a "blackout to..." as well as all the
issues I indicated.The point is clear. I have told the truth relating
to the content of the Action Plan.

The question of execution is separate. Ndemo having been on K24 is
does not change much but it is not in line with the Action
Plan....meaning, we need to complement K24 for that step.

Let's be honest in our submissions especially concerning such revelations.

Wainaina

On 12/14/08, dmakali at yahoo.com <dmakali at yahoo.com> wrote:
> That's not true. You have obviously exaggerated in trying to put across your
> cheap propaganda. Ndemo was on k24 this morning and he was of course not
> opposing the bill. Plus, you should ask yourself, who has come out to
> support the bill and not been given airtime.
> Yes, the media is campaigning, but it has not yet agreed or employed any of
> the strategies you have listed. Their time is coming.  And we don't need to
> go to previous regimes to show brutal attacks against the media. The worst
> have taken place under the current regime!
> You have more to be grateful than disgusted with the media. Be just a little
> more reflective and considerate otherwise your diabolical hatred of the
> media lacks foundation.
> David
> Sent from my BlackBerry(R) wireless device
>
> -----Original Message-----
> From: "Wainaina Mungai" <wainaina at madeinkenya.org>
>
> Date: Sun, 14 Dec 2008 17:08:09
> To: <dmakali at yahoo.com>
> Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
> Subject: Re: [kictanet] [ke-internetusers] Kenya communications (amendment)
> 	Bill: Is media overacting?
>
>
> The truth is that the "supporters" you see on TV, hear on radio, read
> in papers are not by accident. The Media Owners Association (MoA)
> crafted a campaign strategy that includes the "media blackout to all
> MPs who supported the Bill and The Ministry of Information &
> Communications".
>
> According to persons privy to the media campaign strategy, we have a
> big problem here and it's about time Kenyans were told the objective
> truth. Unfortunately, the people who own the media houses are
> determined to use every possible means to ensure the Bill is not
> signed. You will not hear a supporter of the Bill being given
> coverage.
>
> Why?
>
> The strategy is clearly not intended to yield an objective result. The
> intention is to shape public opinion even through biased reporting.
> The strategy includes:
>
> 1. Ensure President dioesn't sign the Bill, by publicly petitioning him.
> 2. Take advantage of Jamhuri Day to show images of raids conducted by
> previous regimes.
> 3. Run a media campaign that includes 'same headline' in all papers
> and similar headlines on electronic media.
> 4. Shape public opinion through campains and show that the Bill is
> unconstitutional...etc etc
> 5. Blackout all supporters of the Bill, Ministry & only invite civil
> society players who support the interests of the media. Keep watching
> and you'll notice the biased reporting.
> 6. The coverage of the issue in the weekend papers (circulation) is
> also part of the strategy. This will not stop until the President
> yields to the Media's agenda.
>
> The media has the right to petition the President but the problem with
> their campaign is that Media Owners have actually agreed not to cover
> the issue objectively. They have conspired to shape public opinion by
> all possible means including excluding all those who have a different
> opinion.
>
> In doing so, they demonstrate the need for legislative regulation. The
> nation is now at the mercy of the media and the public will only be
> fed with one side of the story.
>
> Over to you.
> Wainaina
>
>
> On 12/14/08, Kinuthia Muchane <muchanek at gmail.com> wrote:
>> Habari,
>> Maybe the media is overacting, maybe the the MPs are wrong... But one
>> interesting thing about this issue is the timidity of the MPs, to begin
>> with, in the news all I am hearing are our dear elected representatives
>> vowing their undying support for all sorts of freedom, including that of
>> Press, so my question is, isn't there one, single MP who supported
>> passing of the Bill who can come out in defence of his or her stand? Or
>> is it because they always pander to the Press, they do not want to be
>> seen in 'bad' light .
>>
>> On the other hand, most of us take what we hear on the radio or watch on
>> TV as gospel truth, and the unfortunate fact of life is that the
>> majority of us have no other source of  information, or do not seek other
>> avenues of
>> getting information, a fact very well
>> known by members of the so called "Fourth Estate". So when they drench
>> us with "details" about the dangers of the bill's amendment no matter how
>> skewed their
>> opinion is, we will believe them hook, line and sinker!
>> If you ask me, in a country like ours with a very shaky social,
>> political and economic foundation, these merchants of
>> "information" should be very closely and regularly monitored, a Radio
>> Mille Collines can happen here very easily...
>> In any case, ain't all these media 'houses' just commercial enterprises
>> out to make a tidy profit?
>>
>> Kinuthia...
>>
>>
>>
>>_______________________________________________
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>> ke-internetusers at bdix.net
>> http://www.bdix.net/mailman/listinfo/ke-internetusers
>>
>
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