[kictanet] Fw: Kibaki signs Bill into law

Sat Jan 10 11:06:59 EAT 2009

People,

Who said media isn't part of ICT? Only a very narrow view of ICT can exclude media, more so broadcasting. I don't believe Kibaki and Raila are trying to take Kenya back to where Moi had us! Though the info I have is scanty, I have been observing with owe from the time kina Nyambane & Caroline were locked up, and wondered how different it is from the Kanu days! It is good to have an 'e-Transactions Bill' enacted (some call it ICT Bill/Act), but that's only part of the story. A 'converged' Bill/Act (like this one attempts to be) would be the ideal, but the due process for such would need much more than appears to have gone into the current Act. Under our/Kenya's circumstances, perhaps it would have been better to have two seperate 'e-Transactions Bill' and 'Media (Amendment) Bill'. The former was for sure long overdue (otherwise why else would KQ do its e-ticketing in SAfrica?). But then again, the current Act isn't a panacea to Kenya's "ICT" sector! I
 doubt it addresses even the most fundamental issues...! Am glad nobody is saying media itself doesn't have bones in its cupboards. But two wrongs don't make a right.

S

--- On Sat, 1/10/09, dmakali at yahoo.com <dmakali at yahoo.com> wrote:

From: dmakali at yahoo.com <dmakali at yahoo.com>
Subject: [kictanet] Fw: Kibaki signs Bill into law
To: "Shem Ochuodho" <shemochuodho at yahoo.com>
Cc: "KICTAnet ICT Policy Discussions" <kictanet at lists.kictanet.or.ke>
Date: Saturday, January 10, 2009, 9:05 AM

Sent from my BlackBerry® wireless device

From: dmakali at yahoo.com
Date: Sat, 10 Jan 2009 06:04:41 +0000
To: Barrack Otieno<otieno.barrack at gmail.com>
Subject: Re: [kictanet] Kibaki signs Bill into law

Ndudu Barrack,
The media is a basket of diverse characters and multiple interests trying to serve various demands placed on it by many publics. The situation is not helped by the fact that every1 assumes that the media should serve his or her interests however provincial. Or the assumption that there is one homogenous institution called media.
To be candid, there are massive problems in the industry. But the proposed legislation is designed or will have the effect of strangling it rather than helping. To start with, I don't see the pt of applauding the things which are good in that law if that implies accepting or lessening on the gravity of the bad ones. Yet what I see on this ict list is just that -cheer readers excited by the ict provisions we have all been waiting for and a determination to gloss over or sweep aside the glaring omissions or shortcomings of the law. I find that myopic and selfish, vis-a-vis the greater public interest. 
The media must be understood too. Accusations of sensationalism may be valid but what else did the media have in its quest to be heard? Why were its proposals ignored? The last resort was to fight back against an unjust law using any and all means. And it was going to get worse had sense not prevailed. Now again you blame the victim and not the aggressor politician for attempting to polarise the nation.
For me, this debate is polemical if you can't address objections we have raised with specific clauses. Dwelling on the good and uncontestable aspects of the bill is waste of ink. We don't have to educate the public about how the bill is good because, well, that is what it should be. But we have a duty to warn the public of an impending disaster. 
And why are some of you on this forum quick to lynch the media but molly coddling politicians who pay lip service to media freedom and yet go ahead to stab it? Who brought us to this pass? 
The same proposals they rejected with hubris before the passage of that bill are going to be taken in this time round. Why? That's something to ponder. It only takes silence or collusion such as ICT folks are engaged in to end up with tyranny.
Let me conclude that its not true that the media did not make submissions to that bill. It did. And a committee was even set up to do so comprised of min officials. What became of their proposals? Let ndemo tell us. 
The truth is we would make proposals but the ministry was hell bent on driving thro its agenda so none of our views would be taken on board until the law was passed. Then we decided we were not going to take it. 
The moral is that no law should be shoved down anybody just because its govt. That era of govt fiat is gone. 
I admit we have quite a big house cleaning job as industry to do. But frankly, some of the claims being pinned on the media are baseless. The media can't be responsible for the failure of political leadership! 
Barrack, you ICT people will only begin to appeal to us on this side if you at least acknowledge the law is flawed in key ways, eg- sections 5, 46, and so on. I advice this forum to wait for our detailed amendment proposals on tuesday, and desist from vacuous charges of sensationalism against the media. What is at stake here is fundamental to our democracy and freedoms.
David

Sent from my BlackBerry® wireless device

From: "Barrack Otieno" 
Date: Sat, 10 Jan 2009 08:18:09 +0300
To: <dmakali at yahoo.com>
Subject: Re: [kictanet] Kibaki signs Bill into law

Well Bwana Makali,

As you may have realised media and ICT seem to be strange bedfellows even though we are together in the name of convergence the more reason this debate has taken this angle. Nonetheless i guess Bill has just laid on the table facts that might need to be considered by the media fraternity and i am happy you have read through his write  up. We all know where this country has come from and we shouldnt continue talking about politicians nor comparing ourselves to them because we know what they are made of. 
As one of the leaders of the media fratenity it is important that you highlight the above mentioned issues to members of the fraternity because your house is not in order, it is unprofessional or shall we say unethical to attack personalities and institutions the way the media did in the past few days because of their opinions however much you would like to justify what you did, your acts only served to prove how media can polarise the Nation. 
Nonetheless the new act brings good tidings to the ICT sector despite the scare tactics being deployed i am yet to come across a balanced view of the act devoid of sensationalism from a member of the fourth estate other than the attacks being meted on personalities can we start with you Bwana Makali, where were you guys at the stakeholders negotiations to raise this issues as the PS asked? i bet this issues were there even then....What i am saying David is that the media needs to get its act together your house is not in order  

On Sat, Jan 10, 2009 at 1:12 AM, <dmakali at yahoo.com> wrote:

What disadvantage to ICT, Gilda, is caused by lumping so called ICT with broadcasting issues? That's hilarious.
As for Bill's pontification below, my verdict is that he should seek to inform himself about media operations in kenya and elsewhere first before he purports to educate others. Some of the views he espouses are extremely pedestrian altho he wants to pass them off as truth. While I agree with the need to curb media conentration and monopolies, his suggestions about daily press being owned by the public or the masses are a bit misplaced. And the points being raised by the media are not necessarily those of media owners. Hello! Remove your blinkers and see facts for what they are. Your defence of the president and minister reeks of the sycophancy of yore. Presidents and ministers have to take responsibility for their actions or inaction, they are not rubber stamps!
Ask yourself why we have media concentration now, and how come most frequencies are held by politicians and or their cronies or allies. How did michuki, midiwo, koigi, etc come to own frequencies? Isn't there a cck? Don't you think it should be independent to avoid being bullied or be shielded from political directives?
And to say the Act should be renamed ICT and not media doesn't amount to much change. Moreover, let the law speak for itself, we don't need anyone to explain its intentions or the meaning - least of all you! You are neither its author or implementer. A good law should be explicit and unambiguous in its meaning, not open to diff interpretation. Which is part of the problem with the new Act. Be honest at least. Skewed logic and such other partisan and ignorant views about the media and how it should investigate stories are clearly outside this law. Don't give it imaginary power. True, training and capacity of the media are issues worth discussing but not in this context. That's dabbling in  territory about which you can only speculate. Before you lament, have you ever investigated a story or given a newspaper an investigative lead? And to claim that the duty of a journalist is to report the truth and publish regardless of the consequence is plainly naïve
 and insensitive.
Before you go far, read sect 5 of the Bill. One would expect that since you are reading the bill uncritically when the weaknesses of the bill are pointed out you begin to appreciate the concerns raised and not remain dogmatic in your belief that every criticism in malicious and govt is infallible. No?
Let's engage in constructive arguments and not spread hate. You have much to thank the media for than you know or can admit.
 David

Sent from my BlackBerry® wireless device

-----Original Message-----
From: "Gilda Odera" <godera at skyweb.co.ke>

Date: Fri, 9 Jan 2009 15:06:54
To: <dmakali at yahoo.com>
Cc: KICTAnet ICT Policy Discussions<kictanet at lists.kictanet.or.ke>
Subject: Re: [kictanet] Kibaki signs Bill into law

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