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

[Grace Githaiga]

Hey Rachael,  better late than never. It is even important that you have added your voice especially after Lydia raised the query that you media people have been kind of silent in this debate.  
 
Your point on the need to let the Council source for own funding that would help it achieve its objectives is noted. Other points on the complaints and dispute resolution, age requirement and on whether some disputes will be referred to the high court have also been noted. You raise an important point about the need to have a provision for urgent resolutions. 
 
Your comment on article 2(f) brings to point the issue of ownership and commercial interest’s vs editorial independence. Most important you have raised the issue of implementation of the Code by the Council and the protection of the practitioner who adheres to the code but collides with owners. I think this is a dilemma that needs clear thinking and how to move forward.
 
Thanks Mburu for the clarification on the need to distinguish between a journalist, an editor and a broadcaster.
 
Listers, here are the issues we have been able to identify today:
 
1.      The MCK code should be the minimum code that each media house and journalist should subscribe, to ensure  professionalism by all players in the industry.
 
2.      There is need to distinguish in the definition of terms between a journalist, an editor, a reporter and a broadcaster. Suggestion to paraphrase who a journalist is…'any person practicing the art of collecting, collating, researching, editing and publishing information by the use of electronic means ( TV, radio, the Internet) or publishing in print form (Newspapers, magazines, journals etc)'.
 
3.      Consider merging article 6 and 7 for clarity, integrate the Children's Act and the Sexual Offenses into 18 and 19.  On 1(b) and (c), put a time frame, on 3 (a) build consensus on what confidentiality really is, and re-look at 7 and 3 so that there is no contradiction. Relook 1(e), 12 and 16 for clarity and to make them realistic.
 
4.      What is the authority of the council vis a vis media houses?  Is the practitioner protected from the owner/ employer if in keeping with the code of conduct one finds themselves at loggerheads with owners?
 
5.      Consider Weblogs, social forums, as part of the new emerging media 'ecosystem' rather than in isolation.
 
6.      Need for a transition clause in the Bill. 
 
And one that came in for the dispute Resolution 
 
MCK’s Complaints Commission should consider looking at the operations of the Communications Tribunal in the ICT sector which handles the disputes and see what aspects can be borrowed.  
Regards
GG
 
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