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

Mon Jan 24 18:54:11 EAT 2011

Hi KK,
Not meaning to be too argumentative (especially on a tiring Monday) - but  
does content exclude what the media (as journalists, producers, announcers,  
owners etc) create or offer in terms of talk shows, re-briadcasting etc etc  
whether on radio or TV. My point is, if the MCK is working well to develop  
professional ethics (across the board - journalist, producers, advertiser,  
etc etc), ergo there is no need for BCAC? Or is BCAC a safety net such that  
where media practitioners of the sorts described, STILL allow  
unsuitable/provocative/inaccurate/fraudulent/etc content to be shared?

On , "kk ombati" <kaykerubo at gmail.com> wrote:
> hi francis

> the main difference between the two is that the media council is

> intended to regulate journalists and media professionals by setting

> educational and ethical standards for journalist somewhat like ICPAK

> and LSK.

> whereas the BCAC are to be set up to regulate the content on news,radio  
> etc

> On 1/24/11, Francis Hook francis.hook at gmail.com> wrote:

> > 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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> >>

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> >>

> >>

> >

> >

> > --

> > Francis Hook

> > +254 733 504561

> >

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