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

Mon Dec 15 16:15:59 EAT 2008

This is interesting...a hotspot...we might call it. Let us now analyse the
scenarios;

1. The President signs the bill, there is major outcry but Section 88
remains.

2. The President does not sign the bill, there is temporary relief but
Section88 remains, for it has already been debated in Parliament and
rejected, so, it cannot be debated again until after 6 months.

Conclusion1 - Either way, the The President takes the heat. He might take
all the blame whichever way it goes for something he never did. Catch22...I
might say.

3. A 'Further Ammendment Bill' ...cannot really analyse this scenario..its
'Here be Dragons' [Uncharted Waters/Territory] for me.

How do we get out of this quagmire??

Bill

On Mon, Dec 15, 2008 at 3:55 PM, Wainaina Mungai
<wainaina at madeinkenya.org>wrote:

> Kaikai,
>
> I propose we focus on the issues below:
>
> 1. Section 88 and the fact that the absence of the Presidential ascent
> wouldn't change anything for atleast the next six months. The
> suggestion is that media pursues the path of a "futher amendments"
> Bill that shall be debated separately. There should be no guarantee it
> will be passed.
>
> 2. Content regulation and the fact that it does not threaten freedom
> of expression. The issues have been clarified here and in other fora.
>
> 3. The "Action Plan" of the Media Owners Association and the clauses
> that indicate their willingness to abuse the power given to them. Put
> this in context of the powers you want Kenyans to entrust you with.
>
> You do not add value to the debate by branding as "media bashers" or
> hypocrites those of us who have realised with time that absolute power
> corrupts absolutely even in the media.
>
> Regards,
> Wainaina
>
> On 12/16/08, Linus Kaikai <lkaikai at ktnkenya.com> wrote:
> > Dr. Ndemo,
> >
> > It is puzzling that throughout your meetings with us we never got to hear
> of
> > some of the issues you are now raising on Kictanet like 'Media impunity'
> and
> > 'corrupting children minds.' The latter was of course the very same line
> > used by Mao and later Deng Xiaoping to cut off information flow to the
> > Chinese masses, and that is having concluded the entire population is
> made
> > up of children! There's a great deal of dishonesty around this whole
> issue.
> > The contentious clauses in my view are an extension of your ban of live
> > broadcast on the evening of December 30; a ban that neither worked nor
> > helped in way in pushing through suspect election results. Bwana PS the
> > larger picture is the country is walking down a retrogressive path and
> the
> > clauses in the Communication Bill are only part of a number of things
> that
> > are going wrong especially with politics and governance. Bwana PS
> sections
> > of this Bill are not anything you would be proud of 5 years from now.
> >
> > For the rest of the media-bashing crowd on Kictanet, yours is the
> hypocrisy
> > killing our country. When Moi was president the media and outspoken
> > diplomats were your heroes. Now they are villains. How convenient!
> >
> > About the bill, I am so keen to hear your take on the March 2, 2006 raid
> on
> > the Standard and KTN for such are the actions the new bill would make
> > perfectly legal!
> >
> >
> > Linus
> >
> > -----Original Message-----
> > From: kictanet-bounces+lkaikai=ktnkenya.com at lists.kictanet.or.ke
> > [mailto:kictanet-bounces+lkaikai <kictanet-bounces%2Blkaikai>=
> ktnkenya.com at lists.kictanet.or.ke] On
> > Behalf Of bitange at jambo.co.ke
> > Sent: 14 December 2008 22:04
> > To: lkaikai at ktnkenya.com
> > Cc: KICTAnet ICT Policy Discussions
> > Subject: Re: [kictanet] [ke-internetusers] Kenya
> > communications(amendment)Bill: Is media overacting?
> >
> > Mike,
> > Thank you for your objective views.  You know very well that there are
> > thousands of youth out there who have patiently waited for this bill to
> > allow them trade on-line.  Now Media calls theirs.
> >
> > The outcomes of the Kriegler and Waki would hopefully deal with political
> > impunity.  Who will deal with media impunity?  In my view we must push
> > this Bill to ensure that electronic media does not continue to corrupt
> our
> > children's minds.
> >
> > Ndemo.
> >
> >
> >> Dr. Ndemo,
> >>
> >> I hope that the media note that they are on the wrong path and move to
> >> change their approach. In hindsight they might realize that the issues
> at
> >> hand could have been tackled differently.The media's most recent actions
> >> only make it more difficult to resolve the very same issues they are
> >> protesting.
> >>
> >> The Nation's editorial perhaps represents the divergence in views
> between
> >> the media owners, their supporters and responsible journalists who may
> >> have
> >> seen that things are steering in a dangerous direction. As the matter
> >> drags
> >> on, various elements will try to take advantage and jump onto the
> >> bandwagon
> >> to further certain agendas. It is this catalyst that is worrisome, as
> >> there
> >> is the possibility that just as the media issue has somehow been tied to
> >> economic issues, the media issue could easily be misused by those who
> have
> >> little to do with the media.
> >>
> >> The country has many volatile problems that should not be exploited,
> some
> >> of
> >> those jumping onto the media bandwagon may be seeking to detract from
> >> matters facing them, others have personal agendas in mind that can only
> >> progress if they are disguised as media and economic issues. The media
> >> hopefully is looking at these issues in a responsible manner, will
> >> exercise
> >> diplomacy and engage the Government in a civil way as the best way to
> >> resolve the impasse. There are many Kenyans suffering today from matters
> >> not
> >> within their control, it is a dangerous thing for the media to act in a
> >> way
> >> that could easily stir these masses to non-civil action as measures are
> >> being taken to alleviate these problems. The media has a corporate
> >> responsibility in ensuring that it exhausts all civil means of ensuring
> >> the
> >> matters are resolved.
> >>
> >> It is encouraging to know that the Government is open for discussion,
> but
> >> there is only so much that the Government can do on legislative matters.
> >> The
> >> Government can draft, prepare and adjust laws but it cannot pass the
> same
> >> in
> >> parliament. The media must do more on its own in approaching not just
> key
> >> leaders but ultimately the legislators who actually vote to pass the
> same
> >> laws.
> >>
> >>
> >> On Sun, Dec 14, 2008 at 5:11 PM, <bitange at jambo.co.ke> wrote:
> >>
> >>> Thanks Theuri,
> >>> Since Government is open for discussion, diplomacy would yield better
> >>> results.  I have seen their action plan which by the way violates cck
> >>> licence agreement it is not the best rout to take.  Having spent all
> >>> weekend
> >>> using public resources (frequencies) to propagate violence, they should
> >>> at
> >>> least wait to hear from cck.
> >>>
> >>> If you read today's Nation editorial on how to end impunity including
> >>> media
> >>> impunity you wonder if they are the same people inciting the public to
> >>> violence.
> >>>
> >>> Ndemo
> >>> Sent from my BlackBerry(R)
> >>>
> >>> -----Original Message-----
> >>> From: "Mike Theuri" <mike.theuri at gmail.com>
> >>>
> >>> Date: Sun, 14 Dec 2008 13:19:01
> >>> 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?
> >>>
> >>>
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Bildad Kagai
MD - MediaCorp Limited
Nairobi Stock Exchange Authorised Information Vendor
Suite B2, Tetu Court, State House Avenue
P. O. Box 20311 - 00200
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