‘Road Hog’ show violates private rights

Tuesday last week was Jamleck Kamau’s day. The MP for Kigumo and chairman of the parliamentary committee for Energy, Communications and Information won a one-year-old legal battle against a media house.

The Complaints Commission, which adjudicates complaints against the media, found Royal Media Services liable for violating his rights, namely his reputation and standing in society.

Last year in July Citizen TV, owned by Royal Media Services, aired a video clip of its popular Road Hog show that names and shames owners of vehicles caught on camera breaking traffic rules.

The video, which is also posted on Youtube where it has been viewed by more than 14,000 people, features Mr Kamau’s vehicle as its leading item. It insinuates he is driving.

ROAD HOG

The Commission ruled Citizen maligned and publicly ridiculed him. The ruling — if not overturned on appeal — creates a precedent. Other owners of vehicles caught on camera can use it to redeem their reputations.

The video showing Mr Kamau’s car overlapping is accompanied by the following narrative:

“Ring Road Kileleshwa. When everyone else is waiting patiently in line, the road hogs decide their time is more precious than the rest of us. Let’s start with this Range Rover. First, you drive on the wrong side of the roundabout. Then, you force yourself into the lane, inconveniencing oncoming traffic. And then, you decide to overlap everybody. KBM 555V.”

Chorus (by unseen schoolchildren): “Aah, shame on you!”

The narrator continues: “This car is registered in the name of Jamleck Kamau. But he is not alone. KAT 299K” (The video shows a second vehicle). Chorus: “Aah, shame on you!” The narrator says nothing more about that vehicle.

JUICY STORY
The Commission said Citizen seemed biased against Mr Kamau. The show producer, Alex Murungi, knew Mr Kamau’s social status. It’s therefore likely he thought Mr Kamau would make the “juicy story”.

The Commission said the show vilified, embarrassed and publicly ridiculed Mr Kamau. In defence, Citizen said the programme aims at encouraging observance of traffic rules by naming and shaming.

The programme does not try to find out who is driving because it’s easier to name and shame the registered owner.

The Commission said the initiative, though commendable, is flawed. Not all vehicles are driven by their registered owners.

“As such there is a very real chance of persons not in actual control of motor vehicles being maligned through unfair publication especially since penalty for traffic offenses are criminal in nature and liability attaches to the perpetrator individually and is not transferable to agents.”

ETHICS VIOLATION

The Commission ruled the episode violated the Code of Conduct for the Practice of Journalism in Kenya. Article 2 of the Code states media reports on matters of public interest shall be “fair, accurate and unbiased”.

The Article also requires journalists to seek comments from anyone mentioned in an unfavourable context.

The Commission ordered Citizen to publish an apology and correction clarifying Mr Kamau was not driving. Road Hog will probably never be the same again.