MPs seek power to regulate the media

Kenya’s hitherto free media are headed for troubled waters, if proposals by Members of Parliament become law.

A committee of Parliament scrutinising a Bill that proposes to give the government control over how stories are reported, is suggesting that such power be given to MPs instead.

The committee wants the Cabinet Secretary stripped of the power to dictate a code of conduct for journalists, but wants that job given to MPs. If that becomes law, Kenyan journalism will be under the control of politicians.

In all democratic societies, media are self-regulating, or regulated by an independent institution. Media cannot be free if they are controlled by the government or politicians, whose interest, in most cases, is to ensure that unpalatable information does not reach the public.

The full extent of the committee’s proposed changes to the Media Council Bill will be known when the amendments are placed on the Order Paper at the Third Reading.

The Bill was scheduled for the Second Reading on Tuesday, but the session ended before MPs could discuss it.

The Energy, Information and Communication Committee has proposed the deletion of the entire part in the Bill providing for the establishment of a Complaints Commission.

That part also provides for how a complaint against media would be reported and handled, the mediation of disputes, how hearings would be conducted and what the decisions of the complaints would mean.

“Relevant amendments will be proposed and thus delete the entire Part IV of the Bill,” the committee said.

In a report tabled in the National Assembly on Tuesday, the committee also proposes taking away the power of dictating the code of conduct for journalists from the Cabinet Secretary.

It, however, suggests that the job be left to the National Assembly, meaning politicians would be charged with amending the Code of Conduct for the Practice of Journalism.

“The committee observed that it is the legitimate role of the National Assembly to amend any existing law and that this role cannot be exercised by any other authority,” it says in the report.

However, the Media Council, rather than the Cabinet Secretary, will be empowered to make regulations under the new law. (OWINO: Media bills before House fail constitutional test)

SELF-REGULATION

“This amendment is in line with Article 34 of the Constitution and ensures self-regulation of the media,” the report says.

The committee is also seeking to delete a section that says someone who “has at any time within the preceding five years, held a political office” would be ineligible for appointment as a chairperson or member of the Media Council.

“Politicians should also be considered as professionals who can give leadership in any public body, commission or council,” the committee said.