Victory for Kenya media as law set to change

The Kenya Government has published amendments to the Communications Act seeking to delete the controversial clause that empowers the State to raid broadcasting stations.

The contentious Section 88 in the Kenya Information and Communications Act was the subject of a long stand-off between the media industry and the ministry of Information and Communications at the beginning of the year.

The Bill was passed by Parliament and President Kibaki signed it into law despite spirited protests against a clause the industry felt rolled back gains made in the struggle for a free media.

Invasion

It allows the minister in charge of Internal Security to order police invasion of broadcasting houses, and to destroy or confiscate equipment on vague declarations of threats to public safety.

But the Section is set to be expunged if a Statute Law (Miscellaneous Amendments) Bill published Friday by Attorney-General Amos Wako sails through Parliament.

The Bill follows negotiations chaired by Prime Minister between the Information and Communications ministry, represented by Minister Samuel Poghisio and Permanent Secretary Bitange Ndemo, and the industry represented by officials of the Kenya Union of Journalists, the Kenya Editors’ Guild and the Media Owners Association.

Under the proposed amendments to the controversial law, equally contentious provisions giving the government power to vet and control content broadcast on TV and radio will also be removed. Instead the regulatory function will be handled by a proposed Broadcast Content Advisory Council.

According to the proposed amendments, the council shall comprise the Permanent Secretary in the Information ministry, and six other members to be appointed by the Information minister.

The six shall include two members picked by the Media Council, one member from the Law Society of Kenya and another member nominated by the Attorney general.

The latter shall however not be a civil servant. Members named to sit in the council must have knowledge and experience in media matters, broadcasting, communication or cultural issues, according to the proposed amendments.

They should be free of conflict of interest and have no financial or any other interest that could influence their discharge of duties.

In the same gazette notice, the Attorney General is proposing amendments to the Media Act 2007 to provide for the funding of the Media Council by the Treasury.

Monies provided to the council to enable it to discharge its mandate shall be subject to audit every year by the Controller and Auditor General in line with the Public Audit Act.
Veteran journalist and Treasurer of the Editors Guild David Makali welcomed the move, terming it a compromise.

“Though not satisfactory, it offers sufficient checks in the present circumstances. We only hope that persons appointed to the Council shall be competent and that the appointments shall be done in consultation with the industry players,” Mr Makali said.

Well-thought out

He termed the government’s decision to repeal section 88 of the law as well thought out. “There was no law guiding the minister in determining the state of public emergency, it could be a cholera outbreak or anything, and the media had no recourse whatsoever,” he said.