[kictanet] New Regulations & the Media: Broadcasting Regulations and the Statute Misc Amendement Act
alice
alice at apc.org
Sat Jan 16 17:03:42 EAT 2010
Hi Warigia and all,
Attached broadcast regulation and the Miscellaneous amendment act.
best
alice
warigia bowman wrote:
> Alice, can you upload a PDF of the new regulations for the list?
>
> Rigia
>
> On Thu, Jan 14, 2010 at 11:01 AM, alice <alice at apc.org
> <mailto:alice at apc.org>> wrote:
>
> But what happened to the right to receive accurate and honest
> information? On the current coverage of the broadcast regulation,
> the media seems to be focusing on the political/economic self
> interest aspect only rather than the broader interplay between
> technology, markets, government and political self-interest and I
> have not seen/heard or read anything on the benefits to the
> public, (viewers/consumers).
>
> There is also some misrepresentation of for example section 43 1.
> Some of the TV and radio stations have reported that the new
> regulations will limit broadcast and reporting of emergencies: But
> that section (43 1 of the "Kenya gazette supplement number 86 of
> December 2009) in fact compels broadcast service providers to
> provide notice of public emergencies:
>
> '43 1) all broadcasting service providers shall provide a public
> notice of an emergency or a public disaster announcement upon the
> request of a person authorized by the Government'
>
> And did you know that the recent STATUTE LAW (MISCELLANEOUS
> AMENDMENTS) BILL, 2009 *deleted* the much contested section 88 of
> the Kenya Communications Act 1998, which gave the minister powers
> to "take temporary possession of any telecommunication apparatus
> or any radio communication station apparatus within Kenya? If you
> recall the drama at the beginning of the year, when media stuck to
> reporting, erroneously, that this section was contained in the new
> KCA amendment act 2009, while it had been in existence since 1998.
>
> The genesis of the broadcast regulation is not just limited to
> politics; rather, it has been influenced by the rapid evolution of
> broadcasting technology, and especially the recent move from
> analogue to digital which will transform our broadcast landscape
> beyond recognition. Digitisation will enable grater compression of
> content into what spectrum we have available, so scarcity will no
> longer be the issue for new entrants, it will also enable viewers
> to decide on what content they care about to watch or listen to
> and will depend less on the platform used for transmission of the
> content. The same content can be viewed/listened to on mobiles,
> computers, internet sites, etc other factors include bundling of
> attractive content with advertising, unlike analogue, viewers can
> block the adverts, which may make the traditional way of financing
> content unsustainable, but will make processing (technical
> aspects) of information/content cheaper.
>
> The changes for broadcasters have major implications for
> regulators, for example, while digitisation will introduce more
> competition, diverse market for broadcast content and enhance
> viewing decision making, issues of piracy, abuse of intellectual
> property (because of the ease at which digitisation will provide
> for copying of content) is likely to rise. Further, there will be
> need for vigilance on market power of bigger broadcasters, or new
> broadcasters, particularly those who have the resources to corner
> the market with say premium content like football matches, etc. So
> it’s not just about politics, there is much much more...
>
>
> Views expressed are personal and not a reflection of any of the
> institutions/organisations I am affiliated with.
>
> Best, Alice
>
>
>
> Leonard Mware wrote:
>
> Spot on Barak! Tumechoka! The sooner something is done the
> better, Bwana Ndemo.
>
>
>
>
> --- On *Thu, 1/14/10, Barrack Otieno
> /<otieno.barrack at gmail.com
> <mailto:otieno.barrack at gmail.com>>/* wrote:
>
>
> From: Barrack Otieno <otieno.barrack at gmail.com
> <mailto:otieno.barrack at gmail.com>>
> Subject: Re: [kictanet] New Regulations & the Media
> To: mleonardo at yahoo.com <mailto:mleonardo at yahoo.com>
> Cc: "KICTAnet ICT Policy Discussions"
> <kictanet at lists.kictanet.or.ke
> <mailto:kictanet at lists.kictanet.or.ke>>
> Date: Thursday, January 14, 2010, 12:22 PM
>
>
> Bwana Wainaina tumechoka!
>
> I was just listening to Classic 105 this morning in a matatu
> and i was
> ashamed of what i was hearing at 9.00 am, i thought we used to
> have
> such programs after 11 PM (late night ) as they were called at
> this
> rate life expectancy might as well be reduced to 30 (i have no
> scientific justification or research to support this). The
> problem is
> not freedom, the issue is what to do with the freedom, if i
> heard Dr
> Ndemo correctly when he did a press briefing, he mentioned the
> fact
> that he had invited all the stakeholders in the media
> fraternity to
> deliberate on the issue but they are either reluctant or
> non-commital,
> i see the media as a double edged sword, it can liberate and
> it can
> kill, can the media council and the media owners get their act
> right
> in so far as content regulation is concerned, otherwise we
> might end
> up with a scenario akin to the Matatu Industry madness which is
> holding our nation at ransom. (and by the way did anyone do some
> research on how much we lost during the two day strike?)
> We shall overcome
>
> On 1/14/10, Wainaina Mungai <wainaina at madeinkenya.org
> <mailto:wainaina at madeinkenya.org>
> <http://us.mc552.mail.yahoo.com/mc/compose?to=wainaina@madeinkenya.org>>
>
>
> wrote:
> > Hi all,
> >
> > When Dr. Ndemo published the new media regulations a few days
> ago, the
> > Media Owners complained..... naturally.
> >
> > However, there has been no debate on KICTANet and the press
> seems
> > unsure on whether to fight this time round.
> >
> > I am surprised at the very loud silence on the issue. Is it
> a sign
> > there is a major storm brewing?
> >
> > Wainaina
> >
> > --
> > Sent from my mobile device
> >
> > ---
> > http://www.bungesms.com <http://www.bungesms.com/>
> > http://www.madeinkenya.org <http://www.madeinkenya.org/>
> > http://www.wainainamungai.com <http://www.wainainamungai.com/>
>
> >
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>
> -- Barrack O. Otieno
> Administrative Manager
> Afriregister Ltd (Ke)
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>
> --
> Dr. Warigia Bowman
> Assistant Professor
> The Department of Public Policy Leadership
> The University of Mississippi
> 107 Odom Hall
> University, MS 38677
>
> URL: http://www.olemiss.edu/depts/leadership/index.html
> PHONE: 662-915-1904
> EMAIL: mwbowman at olemiss.edu <mailto:mwbowman at olemiss.edu>
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