News
Media law takes away right to information, other liberties
Radio presenter and comedian Walter Mong’are, popularly known as Nyambane, is arrested at the Nyayo Stadium as he protested against the Kenya Communications (Amendment) Bill on 12 December, 2008. Photo/FILE
The Kenya Communications (Amendment) Act 2008 restricts the use of electronic gadgets for individual and business purposes.
The Postal Corporation of Kenya staff have the authority to open letters. Those whose letters are considered offensive or to contain obscene pictures will be liable to a Sh100,000 fine or two years’ imprisonment, or both.
Mobile phone owners are not allowed to change the facial appearance of their handsets or customise the phone features to their convenience. The law declares reprogramming of mobile phones illegal. You cannot even install fancy ringtones!
The law makes it mandatory for text messages to be traced to the original sender, especially if they are offensive or are considered obscene. An offender will be fined Sh300,000 or jailed for three years.
The new law empowers government officials to access contents of private emails. It is also an offence to share computer passwords, access codes, or any other means of gaining access to any programme or data.
The law has provisions for dealing with cybercrime and destruction of electronic records. The use of the words “letter box” on private buildings is illegal.
According to the law, any person who affixes any placard, advertisement, notice, document or in any way disfigures any post office will be liable to a Sh50,000 fine or jailed for one year, or both.
Privacy
The law enforces respect to the privacy of individuals. But the description of “privacy” could easily be misused by the government to bar the media from reporting on stolen property hidden in private residences.
The law states that efforts must be made to give alternative views in news, regardless of the importance of the stories. Derogatory remarks based on ethnicity, race, creed, colour and sex are not to be broadcast.
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Unfortunaely, you allege that the law makes it illegal to change ring tones which is untrue. My reading of the law on mobile phones is that you cannot change the IMEI number or reprogam it - this is not the same as changing the face or ringtone! You need not scaremonger to achieve narrow ends on a law that is technologically good!
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The Media denied former President Daniel Arap Moi the chance to rig for Uhuru during the 2002 election since the media announced the results from the ground. They denied the media the chance in 2007 as they knew they were losing. The idea to gag the media is a preparation for another rigging spree in 2012. They also want to steal from the public coffers in preparation for Saitoti 2012 thus the need for the media not to air their corrupt deals.
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I am so disgusted with this nonsense.Kibaki must understand playing the race card by listening to his cronies who surround him,its appalling and neusea to Kenyans.Malipo ni hapa hapa duniani.By gaging the media will not stop the Kenyans.He want to destroy Kenya because he is old and leaving office.Let him be advised thi era of global village which is facilitated by internet he cannot force things of his own.Listen to Kenyans.Remember God cannot reverse your years to be 30yrs.Thanks for spitting to Kenyans
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