[kictanet] Kibaki signs Bill into law

Wed Jan 7 17:44:03 EAT 2009

It sounds like Tanzania has a very objective Media Council.

They recognise that the law is abit too tough but they believe the
Kenyan media brought it upon themselves when they failed to
self-regulate.

Through the one-sided campaign, it is clear that the media has no
intention to implement true self-regulation. Individual media houses
are now setting standards and walking away from the biased "group
mind" approach to issues.

Let's hope that Kenya's Media Council will learn from Tanzanians.

Wainaina

On 1/7/09, Jotham Kilimo Mwale <jokilimo at yahoo.com> wrote:
> Hi All,
>
> Just came across this view of our Act from Media Council of Tanzania.
>
> http://www.dailynews.habarileo.co.tz/magazine/index.php?id=9330
>
> Interesting.
>
> Regards,
>
> Jotham K. Mwale
>
>
> --- On Tue, 1/6/09, Akich Kwach <kwach at archway-productions.com> wrote:
>
> From: Akich Kwach <kwach at archway-productions.com>
> Subject: Re: [kictanet] Kibaki signs Bill into law
> To: jokilimo at yahoo.com
> Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
> Date: Tuesday, January 6, 2009, 1:14 AM
>
> Hi All,
>
> I think it is time time we stopped blaiming our brother and sisters from the
> media. It is said that if you were in their shoes, you would be shouting
> loudest
> like them. I believe they have a point and I do agree with Dorcas Muthoni,
> the
> style or approach by the media team might be the problem. As they seek for
> freedom, they have to be visionery. I am reminded of the wise advice by
> Lyndon
> Johnson, a former US president  "You do not examine legislation in the
> light of the benefits it will convey if properly administered, but in the
> light
> of the wrongs it would do and the harms it would cause if improperly
> administered."
>
> To set the records straight, I do support the signing of the Bill and the
> rest
> of the amendments can be lobbied for later. It is sad the Wanjikus, Atienos
> and
> Moraas outside Nairobi would find it difficult to know the benefits the new
> law
> carries because the same media that should have passed the message is still
> in a
> "mourning period". How can we help spread the message?
>
> I look forward to the discussions as stated by Walu
>
> Akich Kwach
>
> ----- Original Message ----- From: "Barrack Otieno"
> <otieno.barrack at gmail.com>
> To: <kwach at archway-productions.com>
> Cc: "KICTAnet ICT Policy Discussions"
> <kictanet at lists.kictanet.or.ke>
> Sent: Monday, January 05, 2009 10:29 PM
> Subject: Re: [kictanet] Kibaki signs Bill into law
>
>
> You have a point David, this convergence business is a bit confusing
> to the waheshimiwa as well as a good number of Kenyans, i bet eighty
> percent might no understand what is going on, Alex you seem to be
> having some answers though your answers are too complicated :)
> Let the debate continue
>
> On Mon, Jan 5, 2009 at 9:14 PM,  <dmakali at yahoo.com> wrote:
>> Barrack, I don't see our pt of diff. Media are the first users of ict
> and thea is no doubt ict is imptant in a modern ecoomy.  But that's it. So
> is freedom of speech and access to information.
>> And we don't have to compare media and ict. What I state and repeat is
> the tendency by ict buffs to think only ict in isolation or see nothing
> wrong
> else with the aw as long as their concerns are taken care of, then say
> dismissively that there are other iinstitutions to deal with their
> legitimate
> concerns or reason should prevail.  Which? How come ict folks are not
> raising
> their voices on thoz issues they acknowledge media have except as btw or in
> a
> back handed manner? Am very awake to the fact the country desperately needed
> to
> kick up the ict sector with facilitative legislation. I have personally
> suffered
> from its lacking. But we can't gloss over fundamental issues out of that
> desperation!
>> China has all the ict you want but wat kind of society is it. You
> can't enjoy ict in a repressive environment. And this country is in the cusp
> of potential tyranny midwifed by our unresolved political equations that we
> are
> just about to begin to resolve. If any political axis should be handed
> control
> over the media, even with its weaknesses, you will rue the day you dismissed
> our
> protestations.
>> I have written too much and may be I feel too strongly about this but no
> emotions. Straight shooting perhaps.
>> David
>>
>> Sent from my BlackBerry(R) wireless device
>>
>> -----Original Message-----
>> From: "Barrack Otieno" <otieno.barrack at gmail.com>
>>
>> Date: Mon, 5 Jan 2009 20:36:51
>> To: <dmakali at yahoo.com>
>> Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
>> Subject: Re: [kictanet] Kibaki signs Bill into law
>>
>>
>> Bwana Makali,
>> I think you are being sensational, lets try and get emotions out of
>> this argument, for as long as i can remember media practioners have
>> always rubbished the role of ICT in the countries socio-political
>> landscape, i witnessed this behaviour in a forum sponsored by Unesco
>> at the Grand Regency a couple of years ago which was apparently
>> chaired by CEO's from leading media houses and i can see bwana makali
>> repeating it on this list which is unaccepatble here even though we
>> are democratic!!, give us a break sir. None the less may be we need
>> our own ministry as Dr Siganga says to champion the ICT agenda and
>> save us from this circus. The Media has a point and we all agree that
>> there are contentious issues that need to be sorted out however let
>> reason prevail, we have instituions in place to handle this kind of
>> problems and they need to be put into use
>>
>> On Mon, Jan 5, 2009 at 6:59 PM,  <dmakali at yahoo.com> wrote:
>>> 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(R) 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
>>>> >>>>
>>>> >>>>
>>>> >>>>
>>>> >>>>
>>>> >>>
>>>> >>>_______________________________________________
>>>> >>> kictanet mailing list
>>>> >>> kictanet at lists.kictanet.or.ke
>>>> >>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>> >>>
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> http://lists.kictanet.or.ke/mailman/options/kictanet/billkagai%40gmail.com
>>>> >>>
>>>> >>>
>>>> >
>>>> >
>>>>
>>>>
>>>>
>>>> _______________________________________________
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>>>
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>>
>>
>>
>> --
>> Barrack O. Otieno
>> ISSEN CONSULTING
>> Tel:
>> +254721325277
>> +254726544442
>> +254733206359
>> www.issenconsult.com
>> http://projectdiscovery.or.ke
>> To give up the task of reforming society is to give up ones
>> responsibility as a free man.
>> Alan Paton, South Africa
>>
>
>
>
> -- Barrack O. Otieno
> ISSEN CONSULTING
> Tel:
> +254721325277
> +254726544442
> +254733206359
> www.issenconsult.com
> http://projectdiscovery.or.ke
> To give up the task of reforming society is to give up ones
> responsibility as a free man.
> Alan Paton, South Africa
>
> _______________________________________________
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