[kictanet] Media Council Draft Bill 2010 (Day one discussion)

Francis.Hook at gmail.com Francis.Hook at gmail.com
Mon Jan 24 18:44:17 EAT 2011


Hi David,
Thanks for shedding light on this. So then it should be disbanded until  
such a time that the issues are resolved. Alas, then we have to wait a  
little longer until TV stations are compelled to occupy 4pm to 6pm with  
content suitable for kids.

On the other hand, why can't the TV stations take the initiative to do this  
(ergo claim the moral higher ground and start on the road to  
self-regulation ? I know commercial considerations come into play but  
seriously .....my TV is off until 7pm - so, I know for sure at least two  
adults in Kenya who are not viewing the ads from Monday to Friday between  
the music shows where skimpily clad women gyrate to the dreadful sounds of  
fully grown men dressed like teenagers....and not meaning to toot my horn,  
but they I belong to the demographic that will buy goods and services...

On , David Makali <dmakali at yahoo.com> wrote:
> francis,

> the broadcast content advisory council (bcoac) was constituted last year  
> but as
> far as i can tell it remains moribund 'because' the regulations proposed
> and published by the ministry to give effect to the communciations act of  
> 2009 were challenged in court, in as far as
> they proposed to automatically renew the licences of the current
> broadcasters and legitimize the previous discriminatory licencing regime.  
> that suit is pending and is the excuse - or reason - for the
> paralysis that the broadcast media finds itself in. apparently, the  
> courts injuncted the ministry from operationalising the regulations  
> pending the determination of the case (they are actually 2; one filed in  
> nairobi and another in nakuru)and thus froze the cck from licencing new  
> electronic media. so the argument, i guess, is that the BCAC is idle
> because the regulations are not in force. but then you wonder
> why they are earning allowances and occupying office yet doing nothing if  
> in the first place their own
> legitimacy is in question. in any event, the provision for a broadcast
> content advisory board is contained in the parent communications act not
> the subsidiary legislation/regulations. may be dr ndemo should shade some  
> light on this situ.



> david


> _______________

> "If my doctor told me I had only six minutes to live,
> I wouldn't brood. I'd type a little faster."
> — Isaac Asimo, Columbian Author and Scientist
> _______________


> PO Box 3234
> 00200 Nairobi, Kenya
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> From: Francis Hook francis.hook at gmail.com>
> To: dmakali at yahoo.com
> Cc: KICTAnet ICT Policy Discussions kictanet at lists.kictanet.or.ke>
> Sent: Mon, January 24, 2011 4:54:47 PM
> Subject: Re: [kictanet] Media Council Draft Bill 2010 (Day one discussion)


> Thanks Grace


> First - what is the difference between this ----->  
> http://www.mediacouncil.or.ke/ and the body proposed below?



> - I have seen an old story  
> (http://www.businessdailyafrica.com/Company%20Industry/-/539550/853208/-/view/printVersion/-/15urpbxz/-/index.html)  
> that mentions the creation of the Broadcast Advisory Council (according  
> to that link it was to be in place about one year ago). I have also seen  
> mention of "Broadcasting Content Advisory Council" -  
> http://www.cck.go.ke/news/2010/news_09june2010.html - and from there I'd  
> like to quote:



> "...Information and Communications Minister Hon. Samuel Poghisio urged  
> the Council to move with speed to rid the airwaves of inappropriate  
> programming."


> Please bear with me if this seems off topic- but in a sense perhaps this  
> offers pause for thought on whether a media council will indeed make any  
> difference if a broadcast content advisory council is YET to show any  
> difference on matters that IMHO are no-brainers (like reading a recipe -  
> eg if the music video is intended for adult audiences, DO NOT PLAY IT -  
> simple - not rocket science) .



> The BCAC was inaugurated in June 2010 - its been six months now and  
> according to the quote above we really should have seen some difference.


> Could someone please provide me with contact details for the BCAC?



> On 24 January 2011 13:58, Grace Githaiga ggithaiga at hotmail.com> wrote:






> Dear All

> Thanks Walubengo, Khisa, Cook and Toby for your insights. And just a  
> quick response to each of you:


> Walu, Yes there is a media policy in place that was passed just before  
> the KCA Act of 2008. Unfortunately I do not have a copy and I have  
> checked at the Ministry of Information website. It is also not available.  
> But the MCK Bill has a basis on the media policy in matters of  
> regulation. So, we are on the right track. There is a media council in  
> place. I will not judge its success but I do know it has continued to  
> receive complaints from the public. It also has conducted several  
> trainings aimed at professionalizing the media.


> Khisa, the MCK is one form of control mechanism. There is also the  
> broadcast Advisory Council (under CCK) where ordinary people can lodge in  
> their complaints/concerns on news and programmes.


> Hook, I apologize on that repetition. It should actually read… "interests  
> of all sections of society". Please find attached a soft copy of the MCK  
> Bill 2010 for ease of reference. You can also access it on  
> http://www.information.go.ke. On your suggestions to re-phrase it to  
> capture common morals and ethics, this number 2 is in Article 34 (5) of  
> the constitution. At this point, we can only make suggestions on the MCK  
> Bill and not on the constitution. But lets see if there are possibilities  
> of capturing your concerns in the subsequent dicussions.

> In regard to content on some of the FM Stations, there is a Broadcasting  
> Advisory Council to take care of this. And this is in addition to MCK  
> which deals with complaints regarding media conduct. We will be  
> discussing the composition of the Council on day 4 (Thursday this week).  
> I can already tell you that religious leaders are not proposed. However,  
> it would be important for you to make contributions on which other  
> professions should comprise Council Members.


> Toby, I agree with your sentiments. However my understanding is that a  
> constitution is only meant to provide guidelines. The specifics can be  
> spelt out in the Act. And yes some concerns you have raised about  
> registration of journalists will be dealt with later in the week. We hope  
> to see your reflection(s) on this.


> Thanks a lot people. Please lets hear more from the rest of the listers.



> And just a reminder of 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 interests 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?






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> Francis Hook
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