[kictanet] Media council Draft bill 2010-the discussion captured
james ratemo
jratemo at gmail.com
Mon Mar 28 13:22:57 EAT 2011
Hi guys, incase ypu missed it have a look. Some of the conversations from
this forum are include in the story.
http://www.eastafricapress.net/index.php?option=com_content&view=article&id=554:the-regulation-debate&catid=83:latest-news1
On Fri, Feb 4, 2011 at 12:00 AM, Grace Githaiga <ggithaiga at hotmail.com>wrote:
> Dear Listers
>
> Today, we wrap up our debate on the Media Bill 2010.
>
> The last ten days have seen contributions on the various articles of the
> Bill, concerns have been raised and recommendations made. A big thank you to
> all who contributed and made this debate a success, and to those who read
> the contributions.
>
>
>
> A full report will be available after the validation workshop (date to be
> advised). In the meantime, here is a summary of issues.
>
> **
>
> **
>
> *A SUMMARY OF AGREED ISSUES AND ISSUES ON WHICH THERE WAS NO CONSENSES IN
> THE PROPOSED MEDIA BILL 2010*
>
> **
>
> *AGREED ISSUES/PROVISIONS*
>
> · MCK should be composed of diverse professionals and should
> contain persons with a wide range of expertise**
>
> · There should be a minimum number of members in the MCK who are
> drawn from the media**
>
> · There is need for the MCK to reflect gender parity
>
> · MCK members should prescribe to the leadership and integrity
> principles stated in Chapter 6 of the constitution
>
> · The position of chair in the MCK should not be exclusive to
> advocates as it will lead to exclusion of other professionals and should be
> open to all members of the MCK**
>
> · The JSC should not be the body mandated with appointment of
> members of the MCK as this is outside the mandate of the JSC as prescribed
> by Article 172 of the Constitution
>
> · MCK should be independent from the government and the government
> should not have a say in who is appointed to the MCK
>
> · The Bill does not provide for appointment of the Chair; the
> chair should be elected by board members
>
> · Article 7&10 of the Bill are duplicates of each other and should
> be merged
>
> · MCK members should only be appointed for a maximum of two terms
>
> · Voting should be done by secret ballot
>
> · MCK should not be barred from receiving funds from foreign
> sources
>
> · The Chair of the Complaints Commission should not necessarily be
> an advocate
>
> · The MCK should appoint the chair of the Complaints Commission
>
> · Complaints to the Complaints Commission should be judged against
> an established code of conduct to be adopted by the MCK
>
> MCK’s Complaints Commission should consider looking at the
> operations of the Communications Tribunal in the ICT sector which handles
> the disputes and see what aspects can be borrowed.
>
> · 2/3 of members of MCK should vote to remove a member referred to
> in Article 11(1)(c) and (e) of the bill Council members on this matter.
>
> · Link benefits of members to existing positions say in those of
> other commissions in Articles 12 and 26 on remuneration.
>
> · In addition to producing an annual financial report, the Council
> should produce an annual report of its activities (article 23).
>
> · The obligations in 36(1) be considered as part of a code of
> conduct, through further consultations with stakeholders.
>
> · There is a contradiction between Clause 3 on Integrity and
> Clause 7 on Confidentiality in the Code of Conduct
>
> · Clause 18 &19 of the Code of Conduct should reflect the
> principles enshrined in the Children’s Act and Sexual Offences Act.
>
> · The MCK code of conduct should be a minimum standard to which
> all media enterprises and journalists must subscribe to.
>
> * *
>
> *ISSUES ON WHICH THERE WAS NO CONSENSUS*
>
> · Is MCK best placed to perform the function of regulating media
> professionals?
>
> · Will the proposed MCK enhance professionalism or merely curtail
> freedom of expression?
>
> · Is there an overlap between the functions of MCK and BCAC?
>
> · Is there a need for both MCK and BCAC?
>
> · The definition of media and media enterprise does not
> satisfactorily draw a distinction between the two
>
> · The definition of ‘journalist’ is unsatisfactory; should it
> exclude bloggers and include reporters?
>
> · Consider Weblogs, social forums, as part of the new emerging
> media 'ecosystem' rather than in isolation.
>
> · Should there be a minimum educational standard for journalists?
>
> · Registration of journalists should be discouraged as it impedes
> freedom of expression
>
> · Accreditation of journalists is not necessary save for special
> circumstances such as when there is a major media-worthy event as it impedes
> freedom of expression
>
> · Should mass communication be the only qualification that would
> make someone eligible to be a journalist? What about a degree in Social
> Sciences?
>
> · Does the requirement that a member of the MCK should have a
> distinguished career in the relevant fields enumerated in Section 7 lock out
> the youth from positions in the Council?
>
> · How should decisions of the MCK be published? Should publication
> in the gazette be mandatory?
>
> · Should the Complaints Commission’s decisions have the force of
> High Court orders?
>
> · Does the giving of an apology as one of the MCK’s sanctions
> infringe on the freedom of expression?
>
> · How will confidential sources (code of conduct) of information
> be protected?
>
> · Should the MCK be the one charged with the mandate to set levies
> and fees that it would require journalists, media enterprises to pay to it?
>
> · Is MCK able to enforce the Code of Conduct in such a way that
> media houses comply, and ordinary journalists practice without fear of the
> ownership?
>
> · Text for a transition clause.
>
>
>
> With Kind Regards
>
>
>
> Grace
> **
>
>
>
>
> -----------------------------------------------------------------------------------
> If you have the strength to survive, you have the power to succeed. Life is
> all about choices we make depending upon the situation we are in. Go forth
> and rule the World!
>
>
>
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--
James Ratemo
ICT reporter,
The Standard Newspaper,
P.O Box 49990-00100,
Nairobi
Cell Phone: 0724960649 OR 0731960649
Other Emaili-jratemo at standardmedia.co.ke or jratemo at gmail.com
Website:www.ictcradle.com.
Twitter accounts: kenyacurrent and jratemo
Skype account:ratemoj
Who is rich? He that is content. Who is that? No one.
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