Alexander Eichener has had a go at some of those writers in our mainstream media who hold themselves so high or have had their egos so elevated to celebrity status that the content of what they eventually write is mediocre.

It is with this theme in mind that I want to look at the proposed media bill. Let me confess that I have actually not read the bill and hope not to read it. However, I want to read it through the eyes of the media itself. My reason being that the media owners have come out very strongly against the bill and yesterday had a very well publicised press conference. The gist of their issue with the bill is that the state wants to muzzle the freedom of the press.

Here is what I have gleaned as some of the reasons for their feeling that the state is up to some mischief:

1. The bill introduces a state controlled Media Council.
2. The media council consists of busybodies such as the Law Society of Kenya, the Kenya Bankers Association and an organisation representing the disabled alongside the top honchos of the media.
3. The bill provides for the accreditation of journalists including their registration and de-registration - apparently a sinister way of licencing!
4. That the chairman of the council will be appointed by the minister - hence will be a government puppet!

The list of complaints is long, but the common theme is that the government should not pass this legislation and should let the media self regulate itself!

My concern with this attitude is the mistaken belief as very well explained by Mitch Odero that the media is the bridge of trust between the people and the other organs of the state. He even makes that dangerous statement that the media's "main responsibility is to the people" - just what happened to profit??

The media cannot claim this mantle of representation of the Kenyan people without the people having recourse against many of the mistakes made by the media. Whilst Odero would want the media to run a check on the Judiciary, the legislature and the Executive, who will check them? The people? Certainly not if the people have no teeth to bite an unjust media!

Several Kenyans have had to go to the courts to seek redress from a continuing irresponsible media and this is not just the pink pamphlets or what we prefer calling gutter press. All this time, at least the last couple of years, we have had a Media Council headed by Esther Kamweru that has overseen the continued degeneration in media quality, and a Media Owners Association that only comes to the fore when one of their own is threatened or attacked! The point I am making is that self-regulation has not worked especially if it is driven by the Media Owners who have aptly together with the Media Council been branded as toothless. Without legal backing or even a requirement that any one owning a media outlet belongs to this organisation, we have had people's characters' smeared on the pink pamphlets and had to endure verbal pornography on our FM stations every morning. A recent visitor to Kenya thought that we are such deviants that all we can talk about is "pare pare" and who is sleeping with whose boyfriend!

Is journalism a profession? Today most of the professions have legal regulation that allows them to function with an element of safe control with minimal government intervention. Take the Law Society of Kenya. This professional association for lawyers is regulated under an act of parliament - but the LSK is perhaps one of the most virulent critics of any government in Kenya today. Legislation is not equal to subservience as the media owners and council would like us to believe. Harping on who appoints who and who should not be in the council without actually looking at the powers of those being appointed tells you that the problem is one of "do not invade our turf...it is hallowed"!

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written by Tim Norwood , May 18, 2007

Right on Kamale! The trouble I fear is that rather than leading, the Kenyan media are often pandering to consumer tastes. Unlike the past when the larger media organisations were happy to leave that segment of the market to the so-gennate gutter press, now they all seem only too eager to jump in on the action.

Is the internet the solution? That certainly is where the USA has ended up, the literate classes will hardly ever accept what they get in the mainstream media.

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written by emmo opoti , May 18, 2007

Kamale, Tim
It is a conundrum is it not? The government's actions with the Standard group beg that we never let them anywhere near a media control group. Look at what the Bush Administration and the marriage between big industry and the media has done for the USA.
On the other hand however, there is no doubt that our media are extremely irresponsible. Gone are the days when there was a difference between the yellow press and the larger newspapers. Now the only difference is in the size of the newspaper, and the power to persuade with untruths.

The internet does seem like the best option, along with a drive to have barriers to entry made as low as they can. Do we have anti-trust laws in Kenya?

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What an Abu Nwasi Argument
written by Advocatus Diaboli , May 18, 2007

How about the self-regulated Executive?

The LSK is self-regulated. The LSK Act provides for this as well as a built in criticism function. It is not only the statutory prerogative but it is as well a duty to make life difficult for the incumbent administration. Even Moi tried to create a parallel Society to deal with the constant criticism.

Without a free press who will guard the guardians?

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written by Timothy Wainaina , May 19, 2007

The executive certainly is not self-regulated, at least it should not be. That is what parliament and the judiciary are there for.

Kamale,
these people are too close to the State and too powerful to make any attempts at policing sensible. They are just blowing up a storm, it will be so much easier for them to keep a government appointed commission in check! Bribe away.

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coflict of interest
written by Kingsley , May 19, 2007

Kamale has it all wrong... if i have to say. there is nothing like government controlled media. journalists are charged with the role of policing elected officials. the elected officials could not then police the journalists.. talk about conflict of interest. anyway this is an interesting take,there are people out there who truly believe that this would be a good thing

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written by Kamale , May 21, 2007

Just what drove government to take the drastic action of media regulation via this bill? Surely if the media had been responsible as expected of them, then legislation would not have been necessary.

Whilst claims of professionalism have been made with regard to journalists, some of the top editors in the media today wrote for a school rag I also wrote in as Sports Editor. We would go for media orientation with the then two big papers where ethics of good writing and emphasis for truth were taught. Perhaps from a reporter's of view, the most important basis of the story was to write exactly what happened and what was said. If opinion was required, then that was left for the opinion editor to add analysis to the event - but in a different article!

That being many years ago and with development of journalistic practices, we have probably seen the evolution of such basic journalism to the present day lies and pandering that we see in the main stream media houses.

Kingsley perhaps has been taken into the lie that'journalists are charged with the role of policing elected officials'. They are NOT!!!

First and foremost the media lives to make profit. In the pursuit of profit, the media will not necessarily be charitable to the truth if it hurts their bottom line. The media consequently cannot pursue profit and at the same time "police the elected officials on behalf of the people"!!!

The saddest thing about this media bill circus is that politicians are now being roped in to kill it in exchange for media favours - and in an election year this works very well!!!

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Constitutional Guarantee ?
written by aeichener , May 21, 2007

I shall suggest a constitutional amendment:

"A well regulated Media, being necessary to the security of a free State, the right of the people to keep and bear Pens, Typewriters and Keyboards, shall not be infringed."

:-) :-D

Alexander

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written by Timothy Wainaina , May 21, 2007

And shall these then be called up in the defense of the State? The most misused of any statements in world literature.

In reply may I say, sticks and stones, etc.

Kamale,
In a liberal democracy there is an implied role for the media, and it is exactly as Kingsley put it. The media exists as a check on the power of the executive, of parliament and of the judiciary.

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media-regulation
written by Kamuzu , May 21, 2007

The government controls the media by pushing advertisements and interviews in the direction of the compliant. Also it does not raid their offices ( invasion by spouses is not the same thing or wreck their machines.

Kamale,
You obviously know nothing about the workings of a democracy.

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re: Constitutional amendment
written by aeichener , May 21, 2007

In a liberal democracy there is an implied role for the media, and it is exactly as Kingsley put it. The media exists as a check on the power of the executive, of parliament and of the judiciary.

And exactly that is the reason and full justification for my earnest tongue-in-cheek adaptation.

Alexander

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written by Kamale , May 21, 2007

I will probably be guilty of ignorance on the workings of a democracy actually being one that prefers functioning dictatorship to paper democracy as is practised by many in our country.

On this basis alone, I would be more scared of a "free and unregulated media" than I am scared of politicians like Mwenje and Gumo. The simple reason being that I have the LEGAL right to replace them if they do not work as mandated.

The media whose primary existence is premised on profit before service cannot fall in the category of one that checks anyone. You see reporting that XYZ is stealing my taxes is information I can get from the CAG reports when they are tabled in parliament if I had any interest.

It is bizarre to start claiming democratic space when in the absence of regulation the media has degenerated to a state that there is constant fear that a civil war in Kenya would have been incited by the media.

I am progressively being driven to actually read the Bill to counter some of the opposition to it......

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written by emmo opoti , May 21, 2007

Really rich Kamale! I have sensed your happiness at the NATION's vicious attacks on both Kalonzo and Raila. For as long as DP stays in power, I do not think you have too much to fear from the government.

Anyhow, as I have asked you before. Where were these attitudes of yours when Moi was imparting the benefits of a functional democracy on us? It was all nice and orderly then, much to your fancy I presume?

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U can choose not to buy the pa
written by Magothe , May 21, 2007

Free media is part and parcel of a democracy whereby, you have govt controlled KBC (despite being paid for by Kenyans taxes), govt-supporting Royal Media, anti-establishment Standard. The profit-making media will position themselves in terms of the quality, content to make their wares martketable. This is the first basis of self-regulation...

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written by Kamale , May 22, 2007

Emmo,

It is interesting that Kenyan conversation cannot be complete without the dragging in of names like those of Raila and others. This is a new form of stereotyping where when you agree with the government you are anti-opposition and vice versa. If only it was that simple!!!

A responsible media is not one that is pro or anti government. That happens when there is political control of the media and that is perhaps one our problems with the media today. A responsible media is one that is objective - hearty with approbation and severely critical in failure.

Part of our problem as a society is that we have developed an anti-government attitude like it should be our enemy and constantly forget that we are responsible for the people we put in that government!

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written by emmo opoti , May 22, 2007

Well, Mhe. Kamale,
We are in agreement that the Kenyan media is up to its ears in the bad stuff. What we do not agree on is whether it is the government's responsibility to police it.
My introduction of Raila and Kalonzo was not meant for trolling purposes but merely to highlight that I was surprised that you now felt the media needed to be quieted down, when you had then been only too happy to ignore or support what was clearly hate speech.

Experience has proved, in the Martha Karua, Nicholas Biwott and now Mwangi Kiunjuri cases that our courts can and will act against the media when they are irresponsible. I would have hoped for indictments against the NATION for the hateful attacks on both Kalonzo and Raila (if only to reinforce Major Ali's decree) but also because the our statutes expressly condemn speech that is inflammatory and defamatory.
Incidentally, the Nation did it again. Mildred Ngesa's recent article on prostitution!! Shameful. I believe our laws are sufficient to deal with the media, now if the police could charge some of them.

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written by aeichener , June 12, 2007

Mildred Ngesa is a prime example for the simple physical truth that in a sewer, certain matter will always stay afloat, unless duly processed.

Indeed, there are many good and even excellent journalists in Kenya. I think critical Emmo will not hesitate to agree with me that the quality of the "average" Kenyan journalist is probably higher than her US counterpart. But on the other hand, then there are such shadowy figures as Mildred Ngesa, Lucy Oriang', Rasnah Warah - the true bane of quality journalism and the shame of their profession.

Alexander

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