[kictanet] Day 2 of 10:-KCA 2008-Broadcasting-The Bad

[Barrack Otieno]

Before you close the session Walu, i attended the Public forum at Hilton
which was graced by our learned friends, the issues you are raising are the
ones which were tabled by the lawyers, it was interested to note the
following
According to Ms Priscilla Nyokabi of the ICJ she partly supports section 88
because it is a "detterent clause", she gave an example of Radio Rwanda and
how those fellows continued boadcasting hate because there was no law to
indict them (I hope that is the right term)
According to Mr Mbugua Mureithi a human rights lawyer the genesis of the
infamous communications act of 1998 was to manage public assets (it was to
oversee the split of KP&TC) and distribute the assets to CCK, PCK, and TKL,
he says this had nothing to do with press freedom. He said the new law was
ambiguous, lacked clarity and showed weaknesses in the law making processes
beacause people did not understand why the communications act was created in
the first place..
Our learned friends were of the opinion that broadcasting is a very complex
field a fct alluded to by our PS. They were of the opinion that
broadcasting needs its own piece of legislation instead of lumping it
together with ICT because both fields were complex and quite diverse. In
effect they were proposing that ICT should have its own legislation whereas
boadcasting should also be handled separately.
According to a member of the ICJ in reference to section 5a which talks
about independence of CCK, CCK is a quasi Judicial body. They were of the
opinion that for it to be considered independent the commissioners should be
elected by parliament. They in turn should elect their own Chairman. On
Media there was consensus that regulation of the media was necessary but
that it should be done properly and professionaly as a positive intervention
to media freedom.
Finally the deputy speaker of the house challenged members to engage in
a constructive debate rather than complain. I Hope i have touched on the key
issues discussed maybe Alex Gakuru, Engineer Rege or bwana PS can add any
comments.

On Tue, Jan 13, 2009 at 8:56 AM, John Walubengo <jwalu at yahoo.com> wrote:

> Looks like Day 1 on the good aspect of the Broadcasting Section was too
> quiet. I am not sure if that is because there is nothing good about it or
> maybe fatigue has just kicked in.
>
> Either way, today we want to review the so called bad aspects. They have
> been in the press/public domain for the last 4weeks but here is my take of
> the top three.
>
> 1. that the retained 'draconian' clause 88 gives unrestricted powers to the
> two ministers (Internal Security and Information Ministers) and their
> regulatory (CCK) appointees. These Powers enable them to declare an
> emergency and raid media houses. The beef is that these powers are likely to
> be abused particularly because of the heavy Govt composition of the
> Regulatory Authorities who would likely serve their appointing authority
> (Executive) rather than the common good (Public)
>
>
> 2. that the Content Regulation (Programming Code) aspects is also flawed in
> that it is ONLY the Information Minister and his appointees who  can decide
> what is prohibited and what is not, what should go on air and at what time.
>
> 3. that a Signal Distribution Monopoly would be enforced given that current
> broadcasters would need to channel their transmission through a licensed
> signal distributor i.e. dismantle their current distribution infrastructure
> in the likely event that they are not the designated signal distributor.
>
> Any more? Feel free to clarify as well where I may have errored in the
> interpretation. Tomorrow we shall look at the proposed interventions once we
> are agreed on the problems/issues.
>
> walu.
>
>
>
>
>
>
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-- 
Barrack O. Otieno
ISSEN CONSULTING
Tel:
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To give up the task of reforming society is to give up ones responsibility
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Alan Paton, South Africa
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