[kictanet] Did the ICT Bill debate happen?

Fri Dec 19 13:32:52 EAT 2008

Am not sure if the above happened...but someone has referred me to the analysis from our very own Govt Spokesman - probably what the Minister/PS whould have presented as the alternative view. Download and enjoy?

http://www.communication.go.ke/documents/media_bill_2008_comparisons.pdf

walu.

--- On Thu, 12/18/08, Wainaina Mungai <wainaina at madeinkenya.org> wrote:

> From: Wainaina Mungai <wainaina at madeinkenya.org>
> Subject: Re: [kictanet] Comments on Bill Posted Online
> To: jwalu at yahoo.com
> Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
> Date: Thursday, December 18, 2008, 6:05 PM
> Good points
> 
> 
> Word has it that the live debate @ NTV has been cancelled.
> 
> Could Ndemo confirm this for us?
> 
> Is it true that the Minister pulled out?
> 
> Wainaina
> 
> 
> 
> 
> 
> 
> On Thu, Dec 18, 2008 at 4:48 PM, Monica Kerretts-Makau
> <mkmakau at yahoo.co.uk>wrote:
> 
> >  I probably come in late to the foray of the
> discussion,  but am not in
> > the country and could not get my hands on the right
> copy. Thanks for posting
> > it online Dr. Ndemo and team.  My comments to the bill
> and as also assisted
> > a legal friend,
> >
> > 1. This is not a media bill as many have led everyone
> to believe.  It is a
> > Kenya Communications (Amendment) Bill 2008.
> >
> > 2. The bill proposes to amend the Kenya Communications
> Act 1998 as
> > hereunder (this is in a nutshell of course):
> >
> > 1.      Enhancing the regulatory mandate by allowing
> for the regulation of
> > broadcasting content (this covers only electronic
> media and not print media)
> >
> > 2.      Providing for the recognition and licensing of
> a ccTLD registrar
> >
> > 3.      Providing recognition for electronic
> transactions including
> > e-contracting, digital signatures as well as propose
> amendments to existing
> > legislation e.g. the evidence act allowing for
> submission of digital copies
> > evidence, recognition of e-crimes in the penal code
> etc.
> >
> >
> > The bill mentions nothing, as far as the government
> shutting down media
> > freedoms is concerned.
> >
> > What the media are up in arms about and misleading
> every right-thinking
> > Kenyan is the provisions of the current section 88 of
> the Kenya
> > Communications Act, which provides for the powers of
> the minister for
> > internal security on the occurrence of any public
> emergency or in the
> > interest of public safety and tranquility.
> >
> > The section allows the minister to take temporary
> possession of any
> > telecommunications or radio communications apparatus
> on the occurrence of
> > such an emergency. This action by the Minister is only
> allowed pending the
> > existence of the emergency. It also provides that any
> person aggrieved by
> > the actions of the minister herein may appeal to the
> High Court and obtain
> > compensation the refrom.
> >
> > *So the draft amendment bill does not mention anything
> about section 88,
> > i.e. it is not being amended.*
> >
> > *THE QUESTION WE NEED TO ASK IS DO WE WANT THE CURRENT
> SECTION 88 IN THE
> > CURRENT COMMUNICATIONS ACT INCLUDED IN THE
> COMMUNICAITONS AMMENDED BILL? IF
> > SO, SHOULD SECTION 88 BE DELETED OR CHANGED?
> > *
> > Of course the debate as to whether it should be 
> deleted is ongoing, and
> > the media are no exemption. But this is a saving
> provision of any
> > communication regulation legislation to allow
> Government to take steps to
> > deal effectively with the emergency or alternatively
> stop such networks
> > being used incase of an insurgency in a country etc.
> (No doubt of course the
> > debate rages on because history has evidenced the
> tendencies/choices made by
> > African governments)
> >
> > *What is evident is that there is a notion that the
> current communications
> > amendment bill includes section 88, which currently is
> in the communications
> > Act NOT THE CURRENT COMMUNICATIONS AMMENDMENT BILL.
> > *
> >
> > I agree with a live television broadcast *if only to
> explain what it is
> >  and what it is not *AND probably allow the debate to
> really take place
> > country wide as it should have prior to it going to
> parliament.
> > *
> > PS: (*I hope its aired on NTV OR KTN for those of us
> not in the country
> > and can only access it via DSTV NTV OR KTN).
> >
> >
> > Best regards,
> >
> > Dr. Monica Kerretts-Makau
> >
> >
> >
> > On 16/12/08 2:22 AM, "Edith Adera"
> <eadera at idrc.or.ke> wrote:
> >
> > > 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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> >
> > ..............................
> > "*As we look ahead into the future, Leaders will
> be those who empower
> > others" Bill Gates
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> > only if you have to. *
> >
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