[kictanet] Kibaki signs Bill into law
Barrack Otieno
otieno.barrack at gmail.com
Fri Jan 9 22:20:15 EAT 2009
That was a great write up bill, i hope our distinguished colleagues from the
fourth estate have read that, no bad blood brothers we are helping each
other. Mr Moderator Alex Gakuru has raised a valid point about the Universal
Access fund which is well captured in the new act can it be a topic of
discussion, it is a critical issue at this point in time
Regards
On Fri, Jan 9, 2009 at 10:54 AM, Bill Kagai <billkagai at gmail.com> wrote:
> I tend to think we ought to now move a notch higher and look at these
> issues from the higher and superior perspective of Constitution making
> framework.
>
> Shifting into second gear should now encompass ensuring that the Media
> fraternity confines itself into issues regarding specific sections in the
> ICT Act whilst contemplating what could be built into the Freedom Bill which
> could move faster in parliament.
>
> In the meantime, find enclosed some notes investigating how the Media Act
> could marry with the ICT Act.
>
> Distinction between the Media Act of 2007 and the Kenya Communications
> (Amendment Bill) 2008
>
> 1. There is confusion that the bill recently assented to by the
> President is the 'Media Bill'. Further, the public has been unable to obtain
> information on the current debate independently of what the media itself
> claims this bill is geared to do. Basic information must be made available
> to the public by re-stating that this Act is NOT the Media Act passed in
> 2006 which established the Media Council of Kenya. Rather, the current bill
> should be referred to as the "ICT Act" and broadcast is a very small
> component of the new Act.
> 2. In fact the only reference to broadcast is section 46 (h) which
> deals with content coding e.g. what sort of program to categorize as bearing
> SNLV (sex, nudity, language & violence), what programs are inappropriate for
> which age bracket (under 13, 16 or 18 as the case may be) and what time such
> programs are to be broadcast. Sadly, the media has misinterpreted this
> section to mean that the CCK (or Government) will approve the content of
> what to broadcast and further personalized this into a war of vendetta with
> the Information Minister Samuel Poghisio.
> 3. Overall, the public needs to be made to understand that the main
> purpose of the Kenya Communication amendment bill (now Act) is to provide a
> regulatory framework for the ICT sector. Hence, it is crucial to reiterate
> that lack of an ICT sector regulatory framework has been a great impediment
> to investment in the ICT sector putting Kenya at a disadvantage especially
> regarding Business Process Outsourcing (call centers etc) with competitors
> like India. It is absolutely crucial to have a modern ICT law by the time
> the various fiber-optic cables (Teams, Eassy, Seacom) to provide broad band
> connectivity land in Kenya in the next half of 2009 and when the onset of
> mass internet availability will become reality
>
> Common ownership of newspapers, television and radio broadcasting licenses
>
> 4. Debate should shift from current emotional attacks on the President
> to the issues of frequencies and airwaves which are an expensive public
> resource that should benefit all since the "freedom of information and to
> receive opinions" can be compromised by the fact that there is an emerging
> sense of monolithic ownership of the mainstream media between the Nation
> Group, the Baraza / Standard Group and Royal Media Services, with extensive
> and vast cross cutting ownership between print and broadcast.
> 5. Access to diverse sources of information is a right to everyone-so
> as to make the right choices- without which monolithic media ownership could
> be used to hide various misdeeds and serve to perpetuate public ignorance.
> For the functioning of our emerging democracy, the requirement of a diverse
> ownership of the daily mass media cannot be over-emphasized in order to
> ensure that public life is reported in a fair and open manner.Prevention of
> multi-media domination of opinion should be part of the current debate and
> this is one of the things the Kenya Communications Amendment Act seeks to
> address.
> 6. By the same token, the Government should aver that it does not
> advocate for media control, rather, it is only putting in place legislation
> to encourage diversity in the ownership of the most influential forms of the
> commercial media: the daily press and free-to-air television and radio.
> 7. As an example, Australia in order to support competition policy,
> discourage concentration of media ownership in local markets; and enhance
> public access to a diversity of viewpoints, sources of news, information and
> commentary, introduced specific controls over media through the Broadcasting
> Services Act of 1992 which controls the extent of cross-media directorships
> of TV, radio and newspapers.
> 8. There are also similar limits in The United States of America. The
> Federal Communications Commission's policies and rules on cross-ownership
> and multiple ownership of broadcast stations has been guided by the
> Telecommunications Act of 1996 and attempts to balance two of its most
> fundamental goals in broadcast ownership fostering competition in the
> markets in which broadcast stations compete, while preserving a diversity of
> information sources, especially at the local level with the efficiencies
> of common ownership and increased competition in the media marketplace.
> 9. On the other hand in South Africa, there are four large media
> companies that publish newspapers and magazines and have shares in
> broadcasting. The diversity of the press in South Africa is poor. The
> closure of a couple of newspapers and the purchase of others by the four
> main media institutes has made the poor diversity even worse. Although it
> seems as if there are lots of newspapers and magazines as well as radio
> stations in South Africa, their independence and objectivity is questioned
> on account of cross ownership between print and broadcast.
> 10. The ICT Bill should therefore be seen as a comprehensive review of the
> law of among other things the common ownership of print and broadcast media
> with all stakeholders in the interests of press freedom and market
> competition. These are key factors in the growth, vigour and autonomy of the
> press which will serve to accelerate democratization in Kenya. Thus the
> current debate should separate the interests of media owners (which are what
> is currently being fed to Kenyans) from the public interest issues of the
> right to information.
>
> Duty of the Media to go beyond the pursuit of profits & serve the Public
> Interest
>
> 11. While the media like any business is driven by the shareholders'
> interest for the pursuit of profit, the media also has an onerous
> responsibility since media is different from other types of business. The
> very fact that the media have a critical role to play as watchdog means that
> it is often possible for it to change behaviour within the public sphere.
> But this capacity to influence change has not been fully realized within the
> Kenyan press. The media must go beyond mere reporting of sensationalist
> stories that captivate their readership and increase sales.
> 12. There remains a tendency in Kenya not to do follow up stories after
> the initial bombastic coverage. For instance, there is little effort to
> investigate whether complaints were made in the aftermath of police extra
> judicial killings, whether any disciplinary investigations were conducted
> thereafter, or even whether anyone was arrested and charged.
> 13. Similarly, it is not enough for the media to report official
> government edicts uncritically and without much independent investigation or
> research to discover underlying realities. The Government should make its
> case that it hopes that media owners will invest in true investigative
> journalism which is one positive opportunity of developing Kenya.
> 14. The growing public disgust with corruption in Kenya has already
> generated a strong market demand for such reporting. The mass media must
> develop these skills and tools to counter the current dominance of
> repetitive political rhetoric on our media space, on the erroneous
> assumption that this is what Kenyans want to read. The drive for newspaper
> sales and advertisement should not otherwise compromise the sacred
> obligation of the media to go beyond the element of business.
>
> Ethics in Journalism
>
> 15. Among the most important duties for journalists is to follow the truth
> regardless of the consequences arising out of it. Journalists should publish
> only such information, documents and pictures the sources of which are known
> to them. They should not suppress any information or important elements of
> information nor should they distort any text, document or picture (these
> issues are already covered by the Media Act and there is a body the Media
> Council of Kenya to deal with complaints of unfair reporting).
> 16. Media houses in Kenya have tended to employ more freelance
> correspondents as opposed to full time staff. There are very few reporters
> working full time in the newsrooms. Many of our journalists lack proper
> training that can lead them towards more critical thinking. It behoves the
> media owners to train those who work for them to think in a more systematic
> and analytical manner.
> 17. There is an intrinsic relationship between the low pay reporters and
> correspondents are paid and the quality of work that they submit. Media
> owners have therefore played a major role in the genesis of this scenario,
> despite the inordinately massive profits they are able to rake in from
> advertisements.
> 18. Journalists are entitled to clear written terms of reference and
> contracts of employment which do not hinder the inherent right to
> collectively organize through trade unions. Media owners should therefore
> work towards their workers realizing this aspiration.
> 19. If media owners fail to live up to their obligation to pay journalists
> living wages, it would become futile and rhetorical to expect the underpaid
> correspondents to observe journalistic ethics. Without economic
> independence, a broke correspondent cannot refrain from the falling into the
> trap of commercial publicity or other inducements which by virtue of their
> profession are liable to curb their freedom to express their own opinions.
> 20. Media owners therefore have a sacred responsibility to safeguard the
> quality of journalism by infusing new skills and providing direction on what
> information journalists should look out for, what to bring and what they
> should confirm. Almost all the stories we read in the media today, demand
> for more information yet little effort is being directed to this type of
> reporting
> 21. In getting our media houses in order, it would be good to recommend
> among other issues:
>
> i) That media houses restrict the use of correspondents;
> instead full time reporters should be engaged on clear and unequivocal terms
> ii) That media owners pay those who work for them a
> decent living wage that will ensure economic independence of journalists
> iii) That part of the revenue generated from advertising be
> channeled towards training journalists to conduct more investigative
> reporting
>
> 22. There are also concerns that some of the media houses and especially
> those broadcasting in ethnic languages sometimes blur the line between
> positive and negative ethnicity, and enter into the area of hate speech.
> Clearly, this is an area that requires some sort of regulation of the
> content. Nevertheless, the varied political complexions of the main media
> houses and the tenacity of reporters speak volumes about the immense
> potential of the media in Kenya as an accountability mechanism.
>
> Way Forward on the current debate
>
> 23. The Government should assure stakeholders that the issues which are
> found to be repugnant (such as section 88 which has been law for a long
> time) or other clauses in the recently signed bill will be re-looked and
> amended through the Miscellaneous Statute Amendment Bill (2009) and for a
> start the Attorney General could be asked to initiate consultations on what
> sort of representation should be accorded to the media fraternity within CCK
>
>
>
> On Fri, Jan 9, 2009 at 5:00 AM, <bitange at jambo.co.ke> wrote:
>
>> Aduda,
>> I remember very well that we invited everybody in the Media to the
>> meetings that discussed the current Bill. Indeed we had representation
>> from all Media including the KUJ, Editors Guild, the then Media Council
>> and of course the MOA. We went through the Bill line by line and the
>> issues you are raising now were indeed rejected to the Media fraternity's
>> satisfaction. If you carefully read both the Media Act, the Communication
>> Act and the draft freedom of information, you will probably be surprised
>> to find out that out intention was to protect the Journalist from any
>> interverance both from Government and MOA. Free responsible Media is
>> largely a creation of an ethical journalist. We (Society) MUST protect
>> you in order to give us the true story and I hope at some stage MOA would
>> realize this.
>>
>> Even with these knowledge, the Ministry has maintained an open door policy
>> to get to a balance between your own freedom and responsibilty. There was
>> no need to throw tantrums in order to achieve this because it is is like
>> trying to drill a hole in a ship that we are all in at high seas.
>>
>> News or Journalistic content content is a small drop in the general
>> content that we want to regulate. I wish I had resources to bring you to
>> the conference I am attending. Content in the new Digital Framework is
>> simply overwhelming.
>>
>> Regards
>>
>>
>> Ndemo.
>>
>>
>>
>>
>> > Wainana,
>> >
>> > The media, and not only Media Owners Associations, but editors,
>> > journalists, TV and Radio anchors and producers, have always been ready
>> > for dialogue and honest one at that. We don't know your criteria for the
>> > so-called "well-thought out" memorandum, but we can assure that we had
>> > prepared many documents, which we presented to the minister, PS and PM.
>> We
>> > will revisit them and prepare something and hopefully it will
>> "well-though
>> > and devoid of propoganda".
>> >
>> > Aduda
>> >> ----------
>> >> From: kictanet-bounces+daduda=nation.co.ke at lists.kictanet.or.keon
>> >> behalf of Wainaina Mungai
>> >> Sent: Wednesday, January 7, 2009 10:52 PM
>> >> To: David Aduda
>> >> Cc: KICTAnet ICT Policy Discussions
>> >> Subject: Re: [kictanet] Kibaki signs Bill into law
>> >>
>> >> The Presidential directive to Hon. Poghisio & Hon. Amos Wako has set
>> >> the pace for a new engagement strategy. Let's hope it brings to an end
>> >> the "drama queen" strategy used by media owners so far.
>> >>
>> >> The media owners will need to present well thought-out memoranda
>> >> devoid of propanganda. I hope they are ready to engage in the same way
>> >> as the ICT sector did.
>> >>
>> >> The proposals by media owners must be subjected to objective debate in
>> >> the longterm interests of the nation.
>> >>
>> >> Wainaina
>> >>
>> >> On 1/7/09, Wainaina Mungai <wainaina at madeinkenya.org> wrote:
>> >> > 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
>> >> >>>>> >>>
>> >> >>>>> >>> This message was sent to: billkagai at gmail.com
>> >> >>>>> >>> Unsubscribe or change your options at
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>> >> >>
>> http://lists.kictanet.or.ke/mailman/options/kictanet/billkagai%40gmail.com
>> >> >>>>> >>>
>> >> >>>>> >>>
>> >> >>>>> >
>> >> >>>>> >
>> >> >>>>>
>> >> >>>>>
>> >> >>>>>
>> >> >>>>> _______________________________________________
>> >> >>>>> kictanet mailing list
>> >> >>>>> kictanet at lists.kictanet.or.ke
>> >> >>>>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
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>> >> >>>>
>> >> >>>> _______________________________________________
>> >> >>>> kictanet mailing list
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>> >> >>>> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
>> >> >>>>
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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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>> >> >>
>> >> >> _______________________________________________
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>> >> >>
>> >> >>
>> >> >
>> >> > --
>> >> > Sent from my mobile device
>> >> >
>> >> > ---
>> >> > http://www.bungesms.com
>> >> >
>> >> > TWITTER - http://www.twitter.com/bungesms
>> >> >
>> >> > KABISSA.org -
>> >> >
>> http://www.kabissa.org/about/news/member-spotlight-made-kenya-network
>> >> >
>> >> > KAMPALA Workshop presentation -
>> >> >
>> http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaNetwork.pdf
>> >> >
>> >>
>> >> --
>> >> Sent from my mobile device
>> >>
>> >> ---
>> >> http://www.bungesms.com
>> >>
>> >> TWITTER - http://www.twitter.com/bungesms
>> >>
>> >> KABISSA.org -
>> >> http://www.kabissa.org/about/news/member-spotlight-made-kenya-network
>> >>
>> >> KAMPALA Workshop presentation -
>> >>
>> http://m4d.kcl.co.ug/sites/default/files/presentations/BungeSMS_MadeinKenyaNetwork.pdf
>> >>
>> >> _______________________________________________
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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
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