MPs vote to retain anti-media clause

The National Assembly in session. MPs voted to retain a clause imposing heavy penalties on journalists covering Parliament when they publish libellous material touching on the House. FILE PHOTO | NATION MEDIA GROUP

MPs have voted to retain a clause that imposes heavy penalties on journalists covering Parliament who publish libellous material touching on the House.

Already, a mechanism exists for dealing with journalists who report falsely or publish defamatory or libellous stories, through the Media Council.

The MPs would be entering uncharted waters, and the move effectively seeks to gag the media's reporting on Parliament.

The lawmakers voted overwhelmingly to retain the offensive clause even as they deleted one that required journalists to seek the authority of the Speaker and committee chairmen before covering House and committee proceedings respectively.

FINE OR JAIL TERM

Section 34 of the Powers and Privileges of Parliament Act provides that a person who publishes any false or scandalous libel on Parliament, its committees or its proceedings or speaks words defamatory of Parliament its committee or its proceedings is liable to a fine or jail term.

It further states that a person convicted of an offence under the Act, for which no penalty is provided shall be liable on conviction to a fine not exceeding Sh500,000 or a term of imprisonment not exceeding two years or both.

MPs who opposed deleting the clause said they would be helpless if false reports were written about them, and that the offensive clause would hold journalists liable for what they report.