[kictanet] Day-time Vulgar Conversations on Kenya Media

Thu Jun 27 10:33:10 EAT 2013

Interesting subject this one. In my view the answers have little to do with
regulation. Regulation is merely a “firefighting” tool that works in
futility or merely slows down a process that is almost unstoppable. There
is such a thing as the Law of Moral Entropy which implies a tendency
towards a general break down of social and moral values in society over time.
The laws we make continue to fuel this by removing boundaries and offering
people more liberal ways to lead their lives but in turn creating greater
social and moral disorder.  In the US, same sex marriage was outlawed in
all states a few decades ago. More and more states are working on the legal
frameworks to remove these “barriers to freedom”.  With the expanding
access to information over the internet and the media, the news is
spreading like wildfire and right now, we here smell the smoke; the fire is
sure to arrive. It is increasingly becoming more difficult to regulate
matters of free will and people’s hearts. To cut a long story short, these
matters go beyond what is visible to the eyes of men. What is your faith?

Peter

On 26 June 2013 22:50, Wambua, Christopher <Wambua at cck.go.ke> wrote:

>  Edith,
>
>  Only the judiciary can respond to your question.
>
> Sent from my iPad
>
> On Jun 26, 2013, at 1:47 PM, "Edith Adera" <eadera at idrc.ca> wrote:
>
>    Thanks Chris for this information – quite informative.****
>
> ** **
>
> How long has the case been running? Any indication when it’s likely to
> close now that the judiciary seems to be trying hard to cut down on time?*
> ***
>
> ** **
>
> Edith****
>
> ** **
>
> *From:* Wambua, Christopher [mailto:Wambua at cck.go.ke]
> *Sent:* June 26, 2013 11:38 AM
> *To:* Edith Adera
> *Cc:* KICTAnet ICT Policy Discussions
> *Subject:* RE: [kictanet] Day-time Vulgar Conversations on Kenya Media****
>
> ** **
>
> Edith,****
>
> ** **
>
> Apologies for the delay in responding to this post. We are really busy
> with the ongoing East African Communications Congress and Exhibition taking
> place at the KICC.****
>
> ** **
>
> The responsibility of regulating broadcast content falls under two state
> agencies, CCK and the Kenya Film and Classification Board. The latter is
> mandated by law to classify all films for general exhibition (including
> those aired on TV). CCK on the other hand is supposed to regulate all other
> categories of broadcast content. ****
>
> ** **
>
> CCK was vested with this responsibility in 2010 vide an amendment to our
> establishing legislation. However, a broadcaster went to court challenging
> the constitutional authority of CCK to regulate broadcasting content.
> Subsequently CCK was injuncted from exercising this responsibility until
> the matter is heard and determined. The matter is still before the courts,
> which means we cannot regulate broadcasting content in the interim.  ****
>
> ** **
>
> We had already developed the requisite regulatory tools and instruments in
> readiness to embarking on important responsibility of ensuring, among
> others, that minors are protected from adult content.  A draft programme
> code, for instance, had been developed in readiness. The said programme
> code will be subjected to stakeholder consultation, as soon as the said
> matter is concluded.  ****
>
> ** **
>
> I hope this sheds light on this matter.  ****
>
> ** **
>
> *Christopher Wambua*
>
> *Manager/Communications*
>
> *Consumer and Public Affairs Division *
>
> *Communications Commission of Kenya*
>
> *P.O. Box 14448, NAIROBI 00800*
>
> *KENYA*
>
> ** **
>
> ** **
>
> ** **
>
> *From:* kictanet
> [mailto:kictanet-bounces+wambua=cck.go.ke at lists.kictanet.or.ke] *On
> Behalf Of *Edith Adera
> *Sent:* Wednesday, June 26, 2013 10:31 AM
> *To:* Wambua, Christopher
> *Cc:* KICTAnet ICT Policy Discussions
> *Subject:* Re: [kictanet] Day-time Vulgar Conversations on Kenya Media****
>
> ** **
>
> Isn’t this under CCK docket? And Media Council? Unfortunately, CCK is
> always silent on such issues on this list, they only advertise upcoming
> events, but don’t engage in responding to key issues.****
>
> ** **
>
> I do hope it’s different this time and they can tell us how they are
> regulating content or is it not under their mandate?****
>
> ** **
>
> Edith****
>
> ** **
>
> *From:* kictanet
> [mailto:kictanet-bounces+eadera=idrc.ca at lists.kictanet.or.ke] *On Behalf
> Of *Gilda Odera
> *Sent:* June 26, 2013 8:54 AM
> *To:* Edith Adera
> *Cc:* KICTAnet ICT Policy Discussions
> *Subject:* Re: [kictanet] Day-time Vulgar Conversations on Kenya Media****
>
> ** **
>
> This definitely needs urgent action. People have spoken about this for
> ages yet nothing has been done to stop such vulgarity, especially on Radio.
>
> Regards,****
>
> ** **
>
> Gilda Odera****
>
>
> On Jun 26, 2013, at 8:34 AM, Matunda Nyanchama <
> mnyanchama at aganoconsulting.com> wrote:****
>
>   Friends****
>
> ** **
>
> I am wondering whether the Media Council and CCK shouldn't step up their
> act. ****
>
> ** **
>
> 2 cases in point: ****
>
> ** **
>
> (a) FM radio conversations during the morning commute where one hears
> vulgar language with explicit descriptions (jocular as they may be) of
> natural and "unnatural" sex acts, bestiality and the like. And matatus
> faithfully tune in; and you are in the company of people of all manner of
> age: school kids, young working professionals, aging mothers/fathers, etc.
> ****
>
>
> What a shame!****
>
> ** **
>
> (b) In Nairobi recently, I sat down for afternoon coffee with a friend at
> a restaurant littered (across the walls) with flat screen TVs. Showing on
> the channel they had tuned into was a movie with explicit love-making ...
> imagine the rest. Despite our protestations, the restaurant owner's ears
> appeared deaf!****
>
> ** **
>
> Some people may say we need self-regulation but as a society we need some
> standards. We need some labeling of content that guide when it can be
> broadcast. For instance, adult content should be restricted to the time
> between 9 pm and 5 am; day time content should, of necessity, be
> family-friendly.****
>
> ** **
>
> Or what say you professionals and regulators? ****
>
>
> ----------------------------------------------------------------------------------------------
> Matunda Nyanchama, PhD, CISSP; mnyanchama at aganoconsulting.com
> Agano Consulting Inc.;  www.aganoconsulting.com; Twitter: nmatunda;
> <http://twitter.com/#%21/nmatunda>Skype: okiambe
>
> ----------------------------------------------------------------------------------------------
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