[kictanet] Kibaki signs Bill into law

Mon Jan 5 18:59:42 EAT 2009

The media's ref to the comm amendm bill 2008 (yuck!) as media or ict bill is attributable to two factors. The media have a right and an editorial licence to abbreviate long and cumbersome names. Do you guys know how difficult it is to write headlines? Write one to test your editorial skills - 25 letters across 40cms and include all that communications bla bla!?
 Second, the media have a right to christen anything for ease of reference. Why aren't you media phobes complaining about ndungu, waki, kriegler or whatever other commissions that don't exist in fact and which you have quite happily swallowed? wats wrong with the media or ict or (next) postal bill if it captures the essence of what is on the table or disputed? I find it trite argument to insist that the media have misrepresented the bill. If there is nothing contestable about the others, or they are less controversial or for whatever reason they dim in significance, what is the big deal?
Finally, of course, some media could just have failed to see the bigger picture and erroneously referred to it as media bill. In which case that all fair in war and love. You can't moan till morning.
Let's face the facts. The law has bad provisions that only myopic and selfish people or those with axes to grind the media can't see. Unfortunately, it takes a very short time before the reality catches up with such people wen they find themselves on the receiving end.
Jog your memory.
David
Sent from my BlackBerry® wireless device

-----Original Message-----
From: "waudo siganga" <emailsignet at mailcan.com>

Date: Mon, 05 Jan 2009 18:35:00 
To: <dmakali at yahoo.com>
Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
Subject: Re: [kictanet] Kibaki signs Bill into law

Thanks for noting the changing goal posts in terms of the title of this
Law Alice. In fact a short while ago some referred to it as the "ICT
Bill" before briefly reverting to Kenya Communications  (Amendment) Bill
2008 and then finally resting at "Media Bill". For me I think I
understand the reasons for this confusion, particularly for the public:
this is a compound Law in one basket. The lesson I learn is that in
future we need to change some things otherwise it is possible to reach a
stage where useful ICT Policy, Legislative and regulatory development
processes are held back by things that really have nothing to do with
ICT. What if the courier services who are now regulated by this Law had
successfully opposed it? We would be missing e-transactions legislation
simply because of a function that has nothing to do with ICT.
For starters, the Government should restructure so that we have an ICT
only Ministry like they have in India, Egypt, Mauritius and other
countries worth copying. For many years after independence we had a
Ministry of Information and Broadcasting. That Minstry should be revived
to focus on the interests of our media brothers. 
Right now it is very difficult to pin down what is "ICT" in Kenya. Some
of the issues being brought under the umbrella of "ICT" are those that
the real ICT people cannot contribute to. Some people are saying
everything is OK because of "convergence". But as can be seen, even
trying to converge Laws is an issue unto itself.

Waudo
On Mon, 05 Jan 2009 17:47:32 +0300, "alice" <alice at apc.org> said:
> I agree and for Pete's/Jane's sake could media drop the  "media bill"  
> reference. It is the Kenya Communications  (Amendment) bill 2008, which 
> covers much much more than broadcasting issues. and much more 
> importantly it finally deals with issues of convergence from a 
> technological, content, regulatory, as well as economic perspective. it 
> is important that the communications "sector" adapts to this global 
> convergence trend/scenario, because it will provide for expansion of 
> universal access to ICTs,  in terms of reducing costs while stimulating 
> economic and social growth. This can only be done through appropriate 
> ICT policy and regulatory mechanisms, which the bill provides for.
> 
> What we should be focusing on are the challenges that will come with 
> this dynamic because adaption to convergence is not the end point.
> 
> 
> 
> best
> alice
> 
> p.s. views are personal and not a reflection of any of the 
> institutions/organisations I am affiliated with.
> 
> > Great suggestions,
> >
> > I feel we can support the media but not in-toto.
> >
> > First, it would be nice of the MoA et. al. to let go of the negative
> > "Media Bill" campaign and engage constructively with other players.
> >
> > Secondly, media should consider calling ICT advocacy personalities to
> > a forum where they can share how ICT issues have successfully been
> > incorporated without the animosity that is common when advocating for
> > media issues.
> >
> > I believe the media needs to feel secure that if their arguments are
> > valid, they'll have our undivided support....issue by issue.
> >
> > Wainaina
> >
> > On 1/4/09, Bill Kagai <billkagai at gmail.com> wrote:
> >   
> >> The 4 fundamentals;
> >>
> >> 1. When the Media fraternity suggested the bill be rejected in-toto, ICT
> >> sector players felt this was akin to pouring the birth water together with
> >> the baby. Personally I am happy the ICT issues did not go down the drain.
> >> And I think that was what many of us were asking for.
> >>
> >> 2. The Media has genuine concerns as Haron Ndubi articulated in his legal
> >> opinion on the probibity of the bill. However, the Media completely blacked
> >> out ICT sector concerns during our campaign to have the bill signed. We even
> >> went out of the way to show the remedies to the issues through the
> >> miscelleneous amendment bill as suggested in the very fast legal opinion
> >> whose author requested we keep his/her identity anonymous.
> >>
> >> 3. ICT players and especially Kictanet ought to prove it's the bigger wo/man
> >> by showing solidarity in the front-line with our cousins in the Media
> >> looking for a way out of the quagmire. We do not have to ignore them simply
> >> because they refused to side with us in our campaign.
> >>
> >> 4. We are extremely careless in handling crisis. If you are familiar with
> >> Newton's method of factoring variable change and the Monty Hall
> >> Paradox<http://en.wikipedia.org/wiki/Monty_Hall_paradox>,
> >> then we can analyse the options the President had mathematically.
> >> 4a) Sign Bill
> >> 4b) Don't Sign Bill
> >> 4c) Do nothing and hold Kenyans in suspense.
> >>
> >> Each option had a 33% probability of being the 'right' decision. So,
> >> assuming he had not seen the bill earlier since he was not the author and
> >> had decided not to sign the bill following the Media owners petition, was it
> >> wise to change his decision from 'Don't Sign' to 'Sign'??
> >> Monty Hall <http://en.wikipedia.org/wiki/Monty_Hall_paradox> proves that
> >> changing the decision increases the probability of getting it 'right' to
> >> 66.6%. And that is proven by the fact that we [in ICT] feel content and
> >> support ways of also making our brothers in the media achieve 'State of
> >> Nirvana'. This bill will also give the Minister of Finance some head-up
> >> before he dismisses innovations such as M-Pesa without prior knowledge.
> >>
> >> Conclusion;
> >> For Makali, Openda, Kaikai and other leading Media personalities who I know
> >> are on this list, why don't you invite ICT stakeholders in to your media
> >> stations to engage Kenyans on what is good and what is bad in the ICT [not
> >> Media] bill so that we can fight together against what we feel is not good??
> >> This has nothing to do with whether the grand coalition will hold or not,
> >> since neither the Right Honourable nor His Excellency drafted this bill. We
> >> did and the buck should stop with us!!!
> >>
> >> --
> >> Bildad Kagai
> >> MD - MediaCorp Limited
> >> Nairobi Stock Exchange Authorised Information Vendor
> >> Suite B2, Tetu Court, State House Avenue
> >> P. O. Box 20311 - 00200
> >> Nairobi, Kenya
> >> Tel. 254 20 272 8332
> >> Fax. Rendered Obsolete
> >> S - 1°17'13.8"
> >> E - 36°48'22.7"
> >> www.mediacorp.co.ke
> >> ---
> >>
> >>
> >> On Sun, Jan 4, 2009 at 6:21 PM, alice <alice at apc.org> wrote:
> >>
> >>     
> >>> Thank you Wainaina. Happy 2009.
> >>> Now that the bill has been signed, what does the ICT industry think about
> >>> this whole debate? especially those who have worked for such a long time
> >>> with government to introduce legislation for the sector?
> >>>
> >>> best
> >>> alice
> >>>
> >>>  Happy New Year for ICT development in Kenya.
> >>>       
> >>>> We can now look at the Media's concerns on the Kenya Communications
> >>>> Act and support whatever  amendments may be justified.
> >>>>
> >>>> Wainaina
> >>>>
> >>>>
> >>>>
> >>>>         
> >>>
> >>>_______________________________________________
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> >>>
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> >>>       
> >
> >   
> 
> 
> 
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