How the media covers national security is important

The recent spate of insecurity across the country, especially the killing of security officers, is of grave concern and a threat to the democratisation process in Kenya. With the General Election two months away, the killings and attacks pose a serious challenge to the lives of Kenyans, including security officers, candidates and the journalists in the volatile areas.

In an already charged electioneering environment, where journalists are expected to be on the forefront reporting on the campaigns, the insecurity incidents will increase tension between the media and the police, the military and other actors working on national security. Politicians will, obviously, in some cases want to make mileage from a victim’s perspective – that their voters or communities are being targeted.

Security agents, on the other hand, will protest the increased media coverage of security issues, especially on matters relating to terrorism, arguing that this could support the cause of terrorism by giving exposure to the terrorism acts, spreading fear and indirectly contributing to the public legitimacy of their actions.

There is already a likelihood that journalists will suffer a lot through physical attacks, trauma, loss of equipment and mental stress.

INFORM PUBLIC

It is not in doubt that the Constitution provides for the right to information for the media and other Kenyans, particularly when it is of national importance, because the media has a responsibility to inform the public on matters that affect their lives. Indeed, following the attacks, national security is back on the national agenda and will make a serious item in the campaigns. Thus how the media covers it is important.

A number of laws exist that have provisions on media coverage of national security, including the Prevention of Terrorism Act and the National Intelligence Service Act of 2012, the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA, 2009), and the Prevention of Organised Crime Act. In addition, a number of administrative pronouncements and policy statements have been made by the authorities targeted at the media.

The Constitution has a number of relevant provisions on freedom of expression and the relevant limitations. Section 66 (1), on alarming publications, provides that any person who publishes any false statement, rumour or report that is likely to cause fear and alarm to the public or to disturb the public peace is guilty. Section 51 on prohibited publications empowers the minister, on reasonable grounds, if he considers that it is necessary in the interests of public order, health or morals, the security of Kenya, he may, by order published in The Kenya Gazette, prohibit the importation of any publication or declare any publication to be a prohibited publication.

COMMITS OFFENCE

The Official Secrets Act provides that any person who obtains, collects, records, publishes or communicates in whatever manner any code word, plan, article, document or information that is calculated to be useful to a foreign power commits an offence.

The Prevention of Terrorism Act no 12 of 2012 criminalises anyone who advocates, glorifies, advises, incited or facilitates’ the commission of a terrorist act or any act preparatory to a terrorist act. The offence is punishable by a term not exceeding 20 years.

The Code of Conduct for the Practice of Journalism in Kenya provides that the media should avoid presenting acts of violence, armed robberies, banditry and terrorist activities in a manner that glorifies such antisocial conduct. Also, newspapers should not allow their columns to be used for writings that tend to encourage or glorify social evils, warlike activities, ethnic, racial or religious hostilities.

The programming code for free-to-air television and radio broadcasters also has relevant provisions on the same.

Victor Bwire is the acting chief executive officer of the Media Council of Kenya.

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