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On Mon, Mar 28, 2011 at 1:21 PM, <kictanet-request at lists.kictanet.or.ke>wrote:

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> Today's Topics:
>
>   1. Media council Draft bill 2010-the discussion captured
>      (james ratemo)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 28 Mar 2011 13:22:57 +0300
> From: james ratemo <jratemo at gmail.com>
> To: Grace Githaiga <ggithaiga at hotmail.com>
> Cc: kictanet at lists.kictanet.or.ke
> Subject: [kictanet] Media council Draft bill 2010-the discussion
>        captured
> Message-ID:
>        <AANLkTikemH0OQo00YCP_x7RXhRSoAQbFCfL+dfQ9xyOa at mail.gmail.com>
> Content-Type: text/plain; charset="windows-1252"
>
> 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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> >
> > This message was sent to: jratemo at gmail.com
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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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> End of kictanet Digest, Vol 46, Issue 132
> *****************************************
>

-- 
Regards,

Yusuf. Tajbhai
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