Govt willing to review media laws, says Ndemo

The Kenyan media may have earned a reprieve after the government said it was willing to review the new regulations for the industry.

Information Permanent Secretary Dr Bitange Ndemo, citing what he described as "drafting errors” called on the sector stakeholders to submit views to the ministry for consideration by a panel of experts.

He asked the Media Owners Association, the Editors Guild and the other sector stakeholders to identify the areas that are not consistent with the demands of the conduct of the business and submit to his office.

“There could be some areas where drafting was not right but we are willing to change that. Give us the lines you have identified so that we can call stakeholders and debate them afresh.”

However, the PS who was attending a roundtable discussion with media industry stakeholders at the Hilton Hotel, Nairobi Thursday, insisted the Kenya Communications (Broadcasting) Regulations 2009 were the standard practice globally.

The discussion was organised by the Internews Network, an international media development organization, under the theme New Broadcasting Regulations: Who Rules the airwaves?

One of the glaring mistakes in the regulations is the reference made to defunct Kenya Film Censorship Board instead of Kenya Film Classification Board in Section 19 (1e).

“Some two or three clauses may have problems but overall, we did a good job,” he told the panel.

“There are areas that we are looking at that may require review but the process must be participatory.”

Some of the new regulations that the media industry consider offensive include cross ownership, renewal of licenses and content regulation.

The PS, who has come under much criticism from the Editors Guild, media practitioners and the civil society said the regulations could be changed to suit the public needs and the business environment in the country.

Chairman of the Guild Macharia Gaitho said that while the media was not opposed to regulations, the body charged with implementing them had to be settled.

Leaving the implementation in the hands of the Communications Commission of Kenya or its offshoots, he noted, left the power to control the media in the hands of the government.

“As Editors' Guild, we are for regulations but the point of departure is on who is to regulate,” said Mr Gaitho.

In his opinion, the Commission or its offshoots were not competent enough to carry out the mandate since it has for long awarded frequencies selectively to politically connected individuals or enterprises.

“We have up to this day people hawking frequencies under the watch of CCK. Others hold dozens of idle frequencies which they do not pay for as required by law because they are politically connected and hence CCK cannot touch them. ”

Similar views were shared by Henry Maina of Article 19 who called on the government to separate the management of CCK from politics.

“The problem has been with CCK whose leaders include former politicians who are still support certain political arrangements and therefore selectively give out frequencies,” said Mr Maina.

Dr Levi Obonyo, a representative from the Media Council of Kenya also dug in with criticism of CCK expressing the great need for fairness in allocation of frequencies and administration of regulations.

Dr Ndemo, however, said that the government was not going to create any other body except the Broadcasting Advisory Council, which had been agreed at the consultation meetings with the media representatives last year.

The Council, the PS said, would begin its work by next month when the members seconded by various sectors converge.

The Council members are drawn from MCK, MOA, a nominee each from religious organisations, consumer groups and the Attorney General’s Chambers.

“The government will play no role whatsoever in appointing the members of the council which we have left to stakeholders,” he said.

The broadcast regulations have also been criticised by the Kenya National Commission on Human Rights, International Centre for Policy and Conflict, Release Political Prisoners Trust and several trade unions.