Broadcasting rules: Media failed to regulate itself

Instead, the Media Owners Association has resorted to ridiculing any government official they associate with legislation intended to curtail their excesses.

Incidentally, section 46K of the Kenya Communications (Amendment) Act, which empowers the Minister for Information to make regulations on broadcasting does not require him to seek the approval of the industry; it specifically states that the minister only needs to consult the Communication Commission of Kenya. Period.

There are no other stakeholders, including MOA or the Editors Guild, whose approval is required before the regulations can be made. It is surprising that this point has not been highlighted by the media, though this law has been in force since December 30, 2008.

Few can dispute that the industry has squandered another opportunity to help create a media-friendly law that would safeguard the public interest while ensuring that press freedom is protected.

And they should be aware that because of their failure to protect public morals and reluctance to promote professionalism, they should not expect much sympathy from the public.

I appeal to MOA and those advocating self-regulation to appreciate that Kenya cannot remain an island of unregulated broadcasting industry when all nations around us have seen the need to put in place appropriate laws to govern the use of a very limited natural resource, the Frequency Spectrum.

Mr Opiyo is a media consultant and an advocate of the High Court of Kenya. He is a former director of Information and Public Communication.