<html><head><style type="text/css"><!-- DIV {margin:0px;} --></style></head><body><div style="font-family:times new roman,new york,times,serif;font-size:12pt"><div>Dear Grace and all,<br>My apologies for lack of participation this week. I was bogged down by work <br>On the Monday question on financial provision, it is not realistic for the council not to receive funding from foreign governments. Even the government of Kenya gets funding from foreign governments and entities. It should be left to the council to source for funding from wherever it deems fit so as to achieve its objectives. I believe the current MCK has had collaboration with foreign governments and entities and it has worked for it. <br>On the Complaints and Dispute Resolution, i see no problem with the chair having the legal profession background if his/her expertise will add value to its mandate. however i have trouble with the requirement of the person having 10 years experience in the
high court. Five should suffice so that we don't lock out young geniuses.<br>And i agree with Grace that the bill is not clear on whether the Complaints and Dispute Resolution Commission has the powers of a high court or will refer some of the disputes to the high court. <br>On procedures upon complaint, the bill gives provision for 14 days from the date of receipt for it to be presented to the complaints committee and another 14 days within which feedback will be communicated after the dispute has been determined. The assumption here is that there will not arise a situation that needs urgent attention like was the case of encroachment and disconnection of links of KISS some years back. I think there should be provision for urgent resolutions. <br>Code of conduct for the practice of journalism carries the core of the business and yes, the MCK code should be the minimum code that each media house and journalist should subscribe to. This will help
ensure professionalism by all players in the industry. All media houses/ enterprises should be bound by the principles under the code of conduct at frequency and license allocation stage. <br>Independence is hard to achieve in an industry that is more than 90% commercial owned . article 2(f) talks about inflencing news judgement and content "inappropriately" . Who would determine what is appropriate and inappropriate especially where coverage of biggest sponsors are concerned? <br>How does article 5 - opportunity to reply fit in with complaints and disputes?<br>Maybe article 6 and 7 should be merged and made clearer. <br>I agree with the suggestion that the children s act and sexual offenses act should be integrated into 18 and 19. <br>Apart from the Hate speech (article 25), the national cohesion and integration act should also be sought on article 22 (acts of violence) . This is in relation to adhering to the code of conduct while
consciously ensuring peace. <br>What has not come out clearly for me is the authority of the council vis a vis the media houses / employers in terms of upholding the profession. Is the practitioners protected from the owner/ employer if in keeping with the code of conduct one finds themselves at loggerheads with owners? <br>Once again sorry for chipping in late. <br>Cheers<br>Rachael. <br><br></div><div style="font-family: times new roman,new york,times,serif; font-size: 12pt;"><br><div style="font-family: times new roman,new york,times,serif; font-size: 12pt;"><font face="Tahoma" size="2"><hr size="1"><b><span style="font-weight: bold;">From:</span></b> Grace Githaiga <ggithaiga@hotmail.com><br><b><span style="font-weight: bold;">To:</span></b> rachealnakitare@yahoo.co.uk<br><b><span style="font-weight: bold;">Cc:</span></b> kictanet@lists.kictanet.or.ke<br><b><span style="font-weight: bold;">Sent:</span></b> Wed, 2 February, 2011
16:46:22<br><b><span style="font-weight: bold;">Subject:</span></b> Re: [kictanet] Media council Draft bill 2010 (Day Eight--Code of Conduct/Wrapping up)<br></font><br>
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<br><font face="Times New Roman" size="3">Dear Walubengo, KK, Lydia, McTim, Edwin, Alice and Solomon for your contributions. A quick response.</font><br>
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<font face="Times New Roman" size="3">Walubengo, thanks for that pointer to the Tribunal that handles disputes in the ICT Sector. If it is working, it definitely is worth looking at how it operates.</font><br>
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<font face="Times New Roman" size="3">McTim, sorry about the outdated Code. I hope you will get a chance to look at the proposed one which does not differ much from the one in the Media Act of 2007.</font><br>
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<font face="Times New Roman" size="3">KK, I see your point about provocative headlines. Different media houses use catchy headlines to get the attention of the reader, and yes you have a point on the practicality of this. I also see your concern on article 12 of the code. Would say 'Jicho Pevu' be justifiable? In article 16, and just to follow on your concerns, I am just thinking that if a journalist has 500 shares of Mumias Sugar, will s/he need to disclose to the editor every time there is a story about mumias? I have no answer. I am also being hypothetical. </font><br>
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<font face="Times New Roman" size="3">Edwin, you raise an issue that we must pay attention to. I am happy that Alice has responded and raised the challenges of regulation of blogs and social media and even a major challenge of how they would be made to adhere to a code of conduct. </font><br>
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<font face="Times New Roman" size="3">Lydia, I agree with you that it would have been good to have media's contribution into this debate. I have no answer as to why they have not participated. Maybe they are just too busy or they have another platform. However, the contributions that have come from non-media people on this list have been very useful and will still inform the Bill, as the new constitution places people at the heart of policy making processes. Maybe media people on this list can respond to Lydia?</font><br>
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<font face="Times New Roman" size="3">Solomon thanks for going through the code and pointing out gaps. Your point about the need for media to be guided by tenets acceptable to wider population has been noted. </font><br>
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<font face="Times New Roman" size="3">In 1(a), did you mean that there is need to distinguish between a reporter, editor and broadcaster?</font><br>
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<font face="Times New Roman" size="3">On 1(b) and (c), I agree. 'Promptly' needs to have a specific time line. On 3 (a) I agree that the issue of confidentiality may need further debate. Further the contradiction on 7 and 3 is noted. </font><br>
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<font face="Times New Roman" size="3">On 9, I think you raise the issue of how 'public interest' will be determined. </font><br>
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<font face="Times New Roman" size="3">The need to integrate the Children's Act and the Sexual Offenses into 18 and 19 is noted. </font><br>
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<p style="margin: 0in 0in 10pt;" class="MsoNormal"><span>And yes, the national cohesion and integration commission has guidelines for monitoring hate speech in the electronic media. Hate speech is defined as any utterance or words intended to incite feelings or contempt, hatred, hostility, violence or discrimination against any person, group or community on the basis of ethnicity, religion, or race.</span><span style="line-height: 115%; font-family: 'serif'; font-size: 12pt;"></span></p>
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<font size="3">Rgds</font><br>
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<br>-----------------------------------------------------------------------------------<br>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!<br><br><br><br> <br></p> </div></div>
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