[kictanet] Media council Draft bill 2010 (Day 10: Conclusion/Summary of Issues)

[Grace Githaiga]

Dear Listers
Today, we wrap up our debate on the Media Bill 2010. 
The last ten days have seen contributions on the various articles of the Bill, concerns have been raised and recommendations made. A big thank you to all who contributed and made this debate a success, and to those who read the contributions. 
 
 A full report will be available after the validation workshop (date to be advised). In the meantime, here is a summary of issues.

 
 
A SUMMARY OF AGREED ISSUES AND ISSUES ON WHICH THERE WAS NO CONSENSES IN THE PROPOSED MEDIA BILL 2010
 
AGREED ISSUES/PROVISIONS
·         MCK should be composed of diverse professionals and should contain persons with a wide range of expertise
·         There should be a minimum number of members in the MCK who are drawn from the media
·         There is  need for the MCK to reflect gender parity
·         MCK members should prescribe to the leadership and integrity principles stated in Chapter 6 of the constitution
·         The position of chair in the MCK should not be exclusive to advocates as it will lead to exclusion of other professionals and should be open to all members of the MCK
·         The JSC should not be the body mandated with appointment of members of the MCK as this is outside the mandate of the JSC as prescribed by Article 172 of the Constitution
·         MCK should be independent from the government and the government should not have a say in who is appointed to the MCK
·         The Bill does not provide for appointment of the Chair; the chair should be elected by board members
·         Article 7&10 of the Bill are duplicates of each other and should be merged
·         MCK members should only be appointed for a maximum of two terms
·         Voting should be done by secret ballot
·         MCK should not be barred from receiving funds from foreign sources
·         The Chair of the Complaints Commission should not necessarily be an advocate
·         The MCK should appoint the chair of the Complaints Commission
·         Complaints to the Complaints Commission should be judged against an established code of conduct to be adopted by the MCK
      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. 
·         2/3 of members of MCK should vote to remove a member referred to in Article 11(1)(c) and (e) of the bill Council members on this matter. 
·         Link benefits of members to existing positions say in those of other commissions in Articles 12 and 26 on remuneration.
·         In addition to producing an annual financial report, the Council should produce an annual report of its activities (article 23). 
·         The obligations in 36(1) be considered as part of a code of conduct, through further consultations with stakeholders.
·         There is a contradiction between Clause 3 on Integrity and Clause 7 on Confidentiality in the Code of Conduct
·         Clause 18 &19 of the Code of Conduct should reflect the principles enshrined in the Children’s Act and Sexual Offences Act.
·         The MCK code of conduct should be a minimum standard to which all media enterprises and journalists must subscribe to.
 
ISSUES ON WHICH THERE WAS NO CONSENSUS
·         Is MCK best placed to perform the function of regulating media professionals?
·         Will the proposed MCK enhance professionalism or merely curtail freedom of expression?
·         Is there an overlap between the functions of MCK and BCAC?
·         Is there a need for both MCK and BCAC?
·         The definition of media and media enterprise does not satisfactorily draw a distinction between the two
·         The definition of ‘journalist’ is unsatisfactory; should it exclude bloggers and include reporters?
·         Consider Weblogs, social forums, as part of the new emerging media 'ecosystem' rather than in isolation.
·         Should there be a minimum educational standard for journalists?
·         Registration of journalists should be discouraged as it impedes freedom of expression
·         Accreditation of journalists is not necessary save for special circumstances such as when there is a major media-worthy event as it impedes freedom of expression
·         Should mass communication be the only qualification that would make someone eligible to be a journalist? What about a degree in Social Sciences?
·         Does the requirement that a member of the MCK should have a distinguished career in the relevant fields enumerated in Section 7 lock out the youth from positions in the Council?
·         How should decisions of the MCK be published? Should publication in the gazette be mandatory?
·         Should the Complaints Commission’s decisions have the force of High Court orders?
·         Does the giving of an apology as one of the MCK’s sanctions infringe on the freedom of expression?
·         How will confidential sources (code of conduct) of information be protected?
·         Should the MCK be the one charged with the mandate to set levies and fees that it would require journalists, media enterprises to pay to it?
·         Is MCK able to enforce the Code of Conduct in such a way that media houses comply, and ordinary journalists practice without fear of the ownership?
·         Text for a transition clause. 
 
With Kind Regards
 
Grace
 
 

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If you have the strength to survive, you have the power to succeed. Life is all about choices we make depending upon the situation we are in. Go forth and rule the World!


 		 	   		  
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