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

[k.k. ombati]

content does include what media(journalists,presenters) offer in their
shows and broadcast...and if you have a look at Schedule two of the
Media Bill 2010,it contains a code of conduct which touches on
guidleinestogovern the content of news,broadcasts etc,
but remember the media bill is specifically targeted towards creating
professional standards for journalists,which includes setting minimum
educational and ethical standards and the regulation of what content a
journalist may or may notbroadcast or print is merely one facet of the
purpose of the act.

the BCAC regulates content in that it targets persons other than
journalists e.g.media house owners etc..because sometimes the
journalists are dictated to in terms of what they may or may not say
on paper or on air by their media houses.That's where the BCAC comes
in to regulate the content that media houses(which by  implication
includes  journalists)should or should not broadcast or print plus it
deals with other factors like censorship,which are outside a
journalist's scope of duties.

On Mon, Jan 24, 2011 at 6:54 PM,  <Francis.Hook at gmail.com> wrote:
> 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 , "k.k. 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 -
>>
>> > e.g. 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?
>>
>> >>
>>
>> >>
>>
>> >>
>>
>> >>
>>
>> >> _______________________________________________
>>
>> >> kictanet mailing list
>>
>> >> kictanet at lists.kictanet.or.ke
>>
>> >> http://lists.kictanet.or.ke/mailman/listinfo/kictanet
>>
>> >>
>>
>> >> This message was sent to: francis.hook at gmail.com
>>
>> >> Unsubscribe or change your options at
>>
>> >>
>> >> http://lists.kictanet.or.ke/mailman/options/kictanet/francis.hook%40gmail.com
>>
>> >>
>>
>> >>
>>
>> >
>>
>> >
>>
>> > --
>>
>> > Francis Hook
>>
>> > +254 733 504561
>>
>> >
>>
>>