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

[Pamela]

Dear Listers,

MEDIA, what really does this word entail? Maybe if we first understand whom
the Media Bill covers, then we may begin to understand the need for
standards. Self-regulation works perfect within a profession, say, I would
still expect the journalists as professionals to have a professional body
that sets regulations and guidelines as to how they behave within their
profession. When you are a journalist by profession, then there must be some
form of accreditation criteria, which is fine, as we have doctors,
engineers, pharmacists etc all subscribing to their society code of ethics
and regulations.

Back to the question of whom the media bill targets, I see a very wide area
of coverage; e.g people in various areas of broadcasting, various areas of
internet use etc I would say even use of your phone as a medium of
communication then brings you under the certain etiquettes which the media
bill may cover. Very difficult to talk of self regulation among diverse
entities that may not have a lot of common values. 

But, this does not stop the journalists from having a self regulatory body
(KUJ?)

My thoughts

Pamela


-----Original Message-----
From: kictanet-bounces+pamela=cardiacimplants.com at lists.kictanet.or.ke
[mailto:kictanet-bounces+pamela=cardiacimplants.com at lists.kictanet.or.ke] On
Behalf Of toby at law-democracy.org
Sent: Monday, January 24, 2011 1:30 PM
To: pamela at cardiacimplants.com
Cc: KICTAnet ICT Policy Discussions
Subject: [kictanet] Media council Draft bill 2010 (Day one discussion)


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


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