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

Tue Dec 16 07:16:14 EAT 2008

Dear Linus,
If you do a bit of research on the interaction of government and media,
you will find that there are more violent incidences in countries that
have no clear laws.  As part of reducing these incidences in Kenya, we
came up with a policy and a legal framework on electronic media whose
objective was to introduce regulation.  Regulation per se is not a bad
thing.  I think by now you must have learnt from the American's financial
crisis.  Today's papers have the proposed legal framework and without
mixing issues the proposals did not include the controversial sec. 88.

In this country, we have all sinned when it comes to the subject of
impunity.  When you plan and execute a strategy to black out government
officials from explaining to Kenyans the reasoning behind the bill you are
indeed curtailing freedom of expression through public resources that you
hold.  This is illegal if you read the Media Act.  This is an offence if
you read the licence agreement that all electronic media signed.  Does it
mean that freedom of expression is only for media?

After the dust settles down, you will be proud of this legal framework
because throughout the world, it is only Kenya and Somalia that does not
regulate electronic content.  Please read it then call me to have a cup of
coffee.  I will be highly honoured if you accept my invitation.

Regards

Ndemo.

> 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=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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