smokescreen
written by Mr.Kay , August 15, 2007

Whether the AG's move was a reaction to the demo or not, as long as that clause is removed it will be a good thing.

But all this is a smoke screen by the Kenyan media. Watch how they will now shift the goal posts even with that clause removed. They will bring up new reasons to block the bill.

Kenyan media want absolute freedom which is not realistic. Every institution needs a check. The media cannot demand a check on Government, Parliament and Judiciary, then turn around and say no one should question them.

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written by gathara , August 16, 2007

Why is the media silent on the agreement negotiated by their bosses to have the definition of the term "journalist" in the Media Bill amended to include the provision that one has to "hold a diploma or a degree in mass communication from a recognized institution of higher learning and is recognized as such by the Council, or any other person who was practicing as a journalist immediately before the commencement of this Act, or who holds such other qualifications as are recognized by the Council"?

The effect of this amendment to the term "journalist" would be to deny many future cartoonists, correspondents and photojournalists legal recognition on the pretext that they do not possess the requisite academic qualifications. If this definition had been in force decades ago, the late Mohammed Amin would not be considered a journalist and neither would GADO, MADD and almost the entire gamut of Kenyan cartoonists.

Many self-published individuals such as bloggers are also to be denied similar recognition. All would lose any privileges and protections extended to mainstream "journalists" under the Bill.

The Media Bill also contains a provision that Media Council "compile and maintain a register of journalists, media enterprises and such other related registers as it may deem fit". Read with the earlier quoted amendment, this would require journalists to register with the Council. What happens when one is deregistered? Is it only Council approved journalists who will be allowed to operate?

Why is the media silent on this?

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written by Marangu , August 16, 2007

Becky:
Thank you for keeping this debate alive with the latest developments. with the possibility of the government backing down, I would still argue that there is an opportunity for all in the media to put their house to order. If what Gathaara says above is true, then it's very scarely. Attempts to limit and qualify the right to practice as a journalist to academic achievement will rob journalism alot of talent. All journalists of note need to speak out against this.

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written by Amir Ibrahim , August 16, 2007

Gathara's question on the silence of the media was addressed on another thread. I will maintain that Kenyan journalists seem ( not very unlike journalists in other countries) to be very poorly read. Indeed most of them may not even know what the Bill is about or what dangers it presents.
For those of us who write online, and write as a hobby there is an increasing danger, one that the media has kept very silent about.
Soon an old mzee can declare Gathara a menace to public security and smash up his computer, invade his house and all this without due process.

On powers to invade broadcasting stations, the Bill says the minister could do so "on declaration of any public emergency or in the interest of public safety".
The Bill gives no definition of "public emergency" or "public safety".

..........

In the Miscellaneous provisions of the Bill, the minister may, as Michuki did, order any officer to take "temporary" possession of any telecommunication apparatus of the offending station.

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"A certificate signed by the minister for the time being responsible for Internal Security shall be conclusive proof of existence of a public emergency, or that any act done under subsection (1) was done in the interest of public safety and tranquillity," the Bill says.
As to when the broadcasting would resume or the confiscated apparatus would be returned, would depend on whether the minister deems that "emergency" is over.

Now if I count to thirteen an apologist is going to ask me if I have read the Bill.

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written by gathara , August 17, 2007

Amir,
You are referring to the ICT Bill. Though nasty piece of legislation, it is nonetheless different from the media Bill. However, I would agree with you that the objective of controlling and silencing the Press is achieved by both.

copy of the media bill?
written by Amina , August 17, 2007

I would be interested in reading the bill in its entirety.

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written by Timothy Wainaina , August 24, 2007

The President has canned the bill. Unsurprisingly, he is getting no small amount of praise for the decision. I suppose we can be cynical and call it an election ploy.

Or we can marvel at the sheepish looks of some pro-Kibaki fellows who sang in praise of the Bill and wonder what it is they will be saying now that the man himself has come out against it.