[kictanet] Comments on Bill Posted Online

Tue Dec 16 10:25:23 EAT 2008

Dr. Ndemo, seeing our response now, my question is why is the process  
not eshrine in the legislation because for me, the process is a  
determinant of the outcome.

For example, if the Minister makes a legislation by himself, it would  
be different from when he consults with the stakeholder community.

Eric here

On 16 Dec 2008, at 07:31, bitange at jambo.co.ke wrote:

> Dear Edith,
> The gender thing we may have borrowed from the Bible.
> Thanks for your
> comments.  I am sure you know that policy and legal frameworks are
> products of stakeholders.  The Commission or the Minister cannot  
> wake up
> and gazzetes regulations that have not been discussed by stakeholders.
> The role of the Minister here is to be able to gazzette subsidiary
> legislations like the regulation code.  We must have that window in  
> the
> law considering the fact that technology changes fast in this  
> industry.  I
> will post the proposed code.
>
> In terms of content, CCK will only be mandated again after  
> consultation
> with stakeholders give these guidelines in order to protect  
> consumers from
> harmful material as it relates to public morality.  Please read  
> sec. 79 of
> the consititution in terms of limitations of freedom.
>
> As fo sec. 88.  You know my views.
>
>
> Regards
>
>
> Ndemo.
>
>> Dr Ndemo,
>>
>> Thanks for posting excerpts of the bill online (sections 46 and  
>> 88). We
>> should actually have the FULL version of the bill (as presented to
>> parliament) available online, although this would be accessible to  
>> the
>> privileged with Internet access how about the masses? What  
>> happened to
>> “our right to know”?
>>
>> I’ve carefully read through these sections of the bill and have some
>> comments:
>>
>> 1. Apart from the gender Insensitivity of this clause “46Q b) that  
>> person
>> provides broadcasting services in an area for which HE is not  
>> licensed to
>> broadcast;”, I’ve some substantive comments here below:
>>
>> 2. Section “46K The Minister may, in consultation with the  
>> Commission,
>> make regulations generally with respect to all broadcasting  
>> services and
>> without prejudice to the generality of the foregoing, with respect  
>> to- (c)
>> mandating the carriage of content, in keeping with public interest
>> obligations, across licensed broadcasting services; (d) prescribing
>> anything that may be prescribed under this Part.
>>
>> Comment: I worry about the unspecified powers to prescribe content  
>> and
>> “anything that may be prescribed” by the Minister – given our  
>> past, what
>> are the implications?. who makes regulation? Minister or Regulator?
>>
>> 3. section “46H (1) The Commission shall have the power to set  
>> standards
>> for the manner, time, and type of programmes to be broadcast by  
>> licensees
>> under this Act.”
>>
>> Comment – might this limit creativity and public opinion type  
>> programming
>> that allows free speech?
>>
>>  I’ve concerns about this section below:
>>
>> 4. Section “88.(1) On the declaration of any public emergency or  
>> in the
>> interest of public safety and tranquility, the Minister for the  
>> time being
>> responsible for Internal Security may, by order in writing, direct  
>> any
>> officer duly authorized in that behalf, to take temporary  
>> possession of
>> any telecommunication apparatus or any radio communication station or
>> apparatus within Kenya, and –
>> (b) in the case of telecommunication, that any communication  
>> within Kenya
>> from any person or class of persons relating to any particular  
>> subject
>> shall be intercepted and disclosed to such person as may be  
>> specified in
>> the direction;
>> (c) in the case of postal services, that any postal article or  
>> class or
>> description or postal article in the course of transmission by  
>> post within
>> Kenya shall be intercepted or detained or shall be delivered to any
>> officer mentioned in the order or shall be disposed of in such  
>> manner as
>> the Minister may direct.”
>>
>> Comment: what constitutes “interest of public safety and  
>> tranquillity” –
>> this is subject to abuse and personal discretion. It worries me  
>> that free
>> speech could be limited and privacy preached on any subject – e.g.
>> complaining about high fuel costs, food crisis, impunity etc etc.  
>> I do not
>> know about you, but the last ban on live coverage created a sense of
>> personal insecurity, isolation and denied persons their “right to  
>> know”
>> and the subsequent threats of prosecution did not make things any  
>> better.
>> What are the chances of abuse in this clause?
>>
>> Lets remember that these laws will not only serve today but future
>> generations with different leaders.
>>
>> Edith
>> ----------------------------------------------
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>>
>>
>
>
>
> ----------------------------------------------
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>
>
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