[kictanet] Media council Draft bill 2010 (Day Eight--Code of Conduct/Wrapping up)

[Solomon Mburu Kamau]

Back in college, we were studying a unit called 'Communication Ethics'
and the introduction was like this:
“A doctor, who prescribes medicine for a patient without proper
examination, WILL be violating the Code of Ethics. He/she MAY lose the
right to practice.
A lawyer who deliberately misled a client WOULD be violating a code of
ethics. He/she MAY lose the right to practice.
A Certified Public Accountant (CPA) knowingly signs the statement
misrepresenting a company's financial position, WOULD be violating a
Code of Ethics. He/ she WOULD lose the right to practice.
A journalist who accepts stolen document and poses as a police
investigator as to get private telephone conversation, MIGHT be
violating a Code of ethics.”

It further went on to explain that a doctor, a lawyer and a CPA have
mandatory Codes of ethics prescribed and enforced by their
professions, while journalism does not have these mandatory code
because of the fear that it might infringe upon the right to
information.
The prescription of a code of conduct for media practitioners is
essential in running the profession in a responsible and unbiased
manner. The media’s role is to inform, educate and entertain,
therefore it must be guarded by the same tenets that are acceptable to
the wider population, although, while democracy states the majority
rules, not all that the majority say is morally acceptable.

While I think it should be accepted, there are some pointers I’ve in
regards to the Code of Conduct of the Bill (Second Schedule):

Clause 1: (Accuracy and Fairness)
Part (a), I still find it recognizing a journalist as a basis for the
general term to refer to a reporter, editor or a broadcaster (same as
in preliminary). There is a need to having these practitioners
identified so as to have diverse players catered for.

Part (b): “...it should be corrected promptly.” What is the
measurement of prompt? A day, a week, an hour? Time limit should be
provided for so that the media practitioners are bound by correcting
inaccurate information from being misconstrued to be the true
position. Part (c) needs to provide the time that an apology should be
published or broadcast.

Part (g) misses the element of reporting balancing subject of news,
though addressed loosely in Part (c) and distributed widely within the
Code of Conduct.

Clause 3: (Integrity)
Part (a): ‘Confidential sources should be used only when it is clearly
in public interest...’ How will their privacy be protected? I’m
thinking of members of the Defence Forces or the Civil Service who are
not allowed to disclose their sources of information and guarded by
respective regulations where they work in.

I’m finding Clause 7 (Confidentiality) contradicting Clause 3
(Integrity). While the latter has a room for identifying the sources
of news if the lives of the source are at risk, the former is direct
opposite in a way.

Clause 8 (Misrepresentation):This clause identifies subterfuge as
misrepresentation but still the clause give a leeway for journalists
to use it to get information. By my understanding, subterfuge is
getting news/information by means deception. By using ‘public
interest’, the journalist/media enterprise will create an impression
that the information is necessary in the interest of the public. The
same applies to Clause 9 (Obscenities, Taste and Tone in Reporting).
This clause mentions public interest in part (a) and (b), but why
should images of the dead, or obscenities have to be published? There
is no public interest in displaying such stuff not unless we are
promoting the ‘Gutter Press.’

Clause 18 and Clause 19, should, in my view, be integrated with what
is in existing legislatures such as Children Act and Sexual Offences
Act respectively.

Clause 24 (Advertisements): “...the editor should be guided by the
Advertiser’s Code of Conduct.”Do we have such a Code in the public
domain or it’s the property or individual media enterprises?

Clause 25 (Hate Speech): Do we have a statutory definition of what
constitutes to “Hate Speech”? What is the definition of “Hate Speech”
according to the National Integration and Ethics Commission?
Generally, looking at the Code of Conduct, it needs to be fully or
partially integrated with the laws of the land for example the
Defamation Act (Cap 36) can be a pointer in preventing media houses
from defaming the image of people.

In my view, clause 25 forms a basis for Cap 36.

Media organizations MUST subscribe to the Code of Conduct as one of
the basis for operating in Kenya. Those who refuse to prescribe to
this Code should have their licences revoked, but then without a
transition clause, it remains quiet impossible to effect this.






-- 
*Solomon Mbũrũ Kamau*

*****************************************************
*Man is a gregarious animal and enjoys agreement as cows will graze all the
same way to the side of a hill!*

AND

*It is better to die in dignity than in the ignominy of ambiguous
generosity! *

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