[kictanet] Did the ICT Bill debate happen?

Fri Dec 19 13:34:25 EAT 2008

Methinks it did.

check out http://alkags.com/?p=172

Brian

On Fri, Dec 19, 2008 at 1:32 PM, John Walubengo <jwalu at yahoo.com> wrote:

> 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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> > > >
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> >
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> > >
> > >
> > > ..............................
> > > "*As we look ahead into the future, Leaders will
> > be those who empower
> > > others" Bill Gates
> > > E-environment cost saving: Please print this email and
> > or any attachment
> > > only if you have to. *
> > >
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> >
> >
> > --
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> >
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> >
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> >
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> >
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-- 
Brian Munyao Longwe
e-mail: blongwe at gmail.com
cell:  + 254 722 518 744
blog : http://zinjlog.blogspot.com
meta-blog: http://mashilingi.blogspot.com
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