[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/[email protected]>>
>
>
>         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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>
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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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