[kictanet] Media council Draft bill 2010 (Day one discussion)

[toby at law-democracy.org]

Hi Grace, others,

I find it a little bit difficult to answer this question in the abstract,
as the stated purpose is very general. Promoting freedom of expression is
fine and establishing the media council is in line with the constitution
(although I have some concerns about this - see below). I find the
reference to disciplining journalists problematical. The Constitution
talks about setting and implementing standards. This is quite different
from disciplining journalists (eg warning journalists of a breach of a
code of conduct is not disciplining them - it is letting them know where
the boundaries are).

However, I have a wider concern about the constitutional provisions. I
think it is unfortunate to provide in a constitution for the establishment
of a statutory body that sets standards for the media as a whole. The
ideal way to do this is through media self-regulatory bodies. Where the
media is unable, at a certain point in time, to self-regulate, it might be
legitimate to impose a statutory system. But once the media can
self-regulate, this should be done away with. Elevating it to a
constitutional rule makes this much more difficult.

My other concern is with the specific modalities by which the Media Bill
seeks to regulate the profession, including by regulating the Internet, by
setting conditions on journalists, keep a register of journalists (ie
register them), etc. But I suppose this is a discussion for another day.

Toby



Today's discussion:

The purpose of the Media Council Bill:

An Act of Parliament to provide for the realization of the right to
freedom of expression and freedom of media; for the establishment of the
Media Council of Kenya; for the conduct and discipline of journalists and
the media, and for connected purposes.

Article 33 of the Constitution provides for Freedom of Expression, while
Article 34 provides for the freedom of Media. Further in Article 34, sub
article 5, it states...Parliament shall enact legislation that provides
for the establishment of a body which shall:

a) be independent of control by government, political interests or
commercial interests;
b) reflect the sections of all sections of society; and
c) set media standards and regulate and monitor compliance with those
standards.

We welcome responses/reflections to the following:

1.      Is the purpose (as stated above) satisfactory, or should it be
enhanced to reflect the provisions in the constitution?
2.      Is this proposed Media Council best placed to perform and fulfill
this purpose?
3.      Will the proposed Media Council enhance professionalism and growth
of media in Kenya?

Rgds
Grace

___________________________________
Toby Mendel

Centre for Law and Democracy
toby at law-democracy.org
Tel:  +1 902 431-3688
Fax: +1 902 431-3689
www.law-democracy.org