Media Council of Kenya Report
to the
General Assembly
of the
World Association of Press Councils (WAPC)
Presenter: Ms Esther Kamweru
Position: Executive Director and Secretary to the Council
Venue: Sheraton Hotel, Istanbul, Turkey
Date: 9 - 10 July 200
Overview
Laws governing the media in Kenya are fragmented and exist in different sections of civil and criminal laws. The three sources of press law in Kenya include the Constitution of Kenya, the Statutory Law; and the Common Law. The Constitution of Kenya is the supreme law of Kenya and guarantees the right to freedom of expression: However, it does not mention freedom of press and other media specifically; provides limitations of the fundamental rights and freedoms under vague circumstances thus allowing for violations of same rights.
The relevant sections of the Statutory Law of Kenya, some of which are controversial, that deal with media (mainstream media, vernacular media, community media and even new media such as SMS messages and blogs) include: The Defamation Act, Cap 36; The Penal Code, Cap 63; The Books and Newspapers Act, Cap 111; Copyright Act, Cap 130; Preservation of Public Security Act, Cap 57; Public Order Act, Cap 56; Film and Stage Plays Act, Cap 222 (1962); Chief’s Authority Act, Cap 128; Official Secrets Act, Cap 187 of 1968; Police Act, Cap 84; Armed Forces Act, Cap 199; Communication Commission of Kenya Act of 1998; Kenya Broadcasting Act, Cap 221 of 1998, ICT Act of 2007 and the Media Act, 2007.
The key media regulators are the Ministry of Information and ICT, Communication Commission of Kenya, Media Council of Kenya, Kenya Film Commission among others.
Crucial Media Laws
- The Media Act, 2007
This statute establishes the Media Council of Kenya as the leading institution in the regulation of media and the conduct and discipline of journalists.
The Council was established in recognition of the fact that media freedom must go together with responsibility. The Council is a self-regulatory mechanism for the media industry in Kenya. Members are nominated by nine mainly media organisations. Exceptions are public and private universities, the Public Relations Society of Kenya and the Law Society of Kenya.
The Council is guided by the vision of society where media freedom is respected, upheld, protected and maintained and where journalists, media practitioners and media houses are professional, responsible and adhere to media ethics.
The objectives of the Council are:
§ To have a strong well-structured and governed organization.
§ To promote ethical standards in journalism.
§ To regulate/streamline the training of journalists in middle level colleges
§ To facilitate resolution of media disputes.
§ To be a centre of media issues in terms of ethics, training, policy and research.
§ To be a leader in advocating for robust legislation on media issues.
The Council is very new with a very wide mandate and there is a lot to be done. The following are some of the immediate concerns:
· Establish a proper Secretariat with a home, regional offices and departments e.g.
Monitoring section, Training and Ethics section, Complaints
Section and strengthen the Finance and Administration section.
· Establish a Complaints Commission that is fully operational.
· Establish a continuous process of conducting policy research.
· Establish a National Examinations Council for Journalists.
Establishment of the Media Council of Kenya.
The Media Council of Kenya is an independent national institution established by the Media Act, 2007 as the leading institution in the regulation of media and in the conduct and discipline of journalists.
Mandate and Authority of the Council.
The Council draws its mandate and authority from the Media Act, 2007. The Council is mandated to do the following:
Ø Mediate or arbitrate in disputes between the government and the media, between the public and the media and intra-media.
Ø Promote and protect freedom and independence of the media.
Ø Promote high professional standards amongst journalists.
Ø Enhance professional collaboration among media practitioners.
Ø Promote ethical standards among journalists and in the media.
Ø Ensure the protection of the rights and privileges of journalists in the performance of their duties.
Ø Advise the government or the relevant authority on matters pertaining to professional, education and the training of journalists and other media practitioners.
Ø Make recommendations on the employment criteria for journalists.
Ø Uphold and maintain the ethics and discipline of journalists.
Ø Compile and maintain a register of journalists, media practitioners, media enterprises and such other related registers.
Ø Conduct an annual review of the performance and the general opinion of the media, and publish the results.
In addition, the Council strives to build capacity at the Secretariat to effectively and efficiently deliver the Council mandate.
Organisational and Management Structure
Council Members
There are thirteen Council Members nominated by nine organisations holding a renewable three-year term. Seven of them serve a term of two years while six serve a term of three years.
The Complaints Commission
The Complaints Commission consists of five persons appointed by the Council to hear and resolve complaints.
The Secretariat
The Secretariat is the executive arm of the Council and is headed by the Chief Executive Officer who is also the Secretary to the Council and who is appointed by the Council.
The Vision
A society where media freedom is respected, upheld, protected and maintained and where journalists, media practitioners and media houses are professional, responsible and adhere to media ethics.
The Mission
To promote media freedom and professionalism as well as arbitrate media disputes and educate the public and journalists and other media practitioners about the media and its role in society. To ensure effective implementation of the above, the Council will keep a register of all journalists and media enterprises operating in Kenya.
Core Values
The Council is committed to the following core values:
Integrity
The Council will strive to be upright, reliable and honest in its interactions with its publics including government, media, journalists the public, and development partners.
Independence
The Council shall operate without any political or other bias or interference and shall be wholly independent and separate from the government, any political party, or any nominating authority [Media Act Section. 5]
Professionalism
The Council will approach its mandate and work with the highest degree of professionalism beginning with the nurturing of a strong work ethic among staff, commitment to high work quality and achievement of results. To ensure this, the Council will put in place measures for continuous staff learning and improvement.
Transparency and Accountability
The Council will conduct its affairs and activities in a transparent manner in keeping with proven recruitment, management and procurement procedures. A record of transactions and activities will be given and availed to all Council stakeholders through publication of an Annual Report and discussed at an Annual General Meeting.
Strengths
The Council’s greatest strength is its statutory foundation. This gives it clout and the legal mandate to carry out its functions.
Also of similar importance is the guarantee of independence that the Media Act gives the Council. This means that it can work without influence from Government, media industry or any of the members’ nominating bodies.
Weaknesses
The Council’s financial base is weak. Currently, it is expected that the media industry will fund the Council. However, this has not been easy due to resistance from some media houses. In addition, the Council’s institutional capacity is weak especially considering the wideness of its mandate and the activities that go with it.
Opportunities
The Council enjoys goodwill from Government, development partners, the media industry and the public. This should be used for the benefit of the Council.
Laws governing Media in Kenya
Laws governing media in Kenya are fragmented. The two sources of media legislative framework are:
- The Constitution of Kenya Section 79
- Statutory Law: Statutes include the Defamation Act Cap 36, the Official Secrets Act, the KBC Act which establishes the Kenya Broadcasting Corporation, the Kenya Communications Act 1998 which establishes the Communications Commission of Kenya and the Media Act 2007 which establishes the Media Council of Kenya.
Media Regulators in Kenya
- The Media Council of Kenya
- Communications Commission of Kenya.
- The Ministry of Information and Communications
The Council will concentrate its strategies on five main themes:
· Strengthening the Secretariat
· Media Regulation
· Policy Research and Legal Review
· Development of media.
· Resource mobilisation
Challenges
- Funding
- Capacity at the secretariat
- Sections in the Act (suggestions for amendments)
- Immunity for Commissioners and Council members
- Accreditation
- Composition
- Penalties
- “Teeth”
- vernacular Media Council of Kenya
- Employment of celebs/training
- Mushrooming training institutions
Activities
- Dispute resolution
- Commission in place
- Rules and Regulations approved and gazetted
- Cases reviewed and acted on
- Fundraising
- Sensitization/Public information
- Accreditation
- Training
§ Middle level colleges
§ Curriculum
§ Faculty
§ Resources
§ Examination and award
- Media and parliament
- Networking with regional media regulators
- Media monitoring
- Magazine
- The Kenya Communications Act 2009: This Act is an amendment of the Kenya Communications Act of 1998 which establishes the Communications Commission of Kenya. The Communications Commission of Kenya (CCK) was established in February 1999 by the Kenya Communications Act, 1998, to license and regulate telecommunications, radio communication and postal services in Kenya.
This responsibility translates to the following functions:
- Licensing (telecoms and postal/courier) operators
- Regulating tariffs for monopoly areas
- Establishing interconnection principles
- Type-approving communications equipment
- Managing the radio frequency spectrum
- Formulating telecommunication numbering schemes and assigning them to network operators; and
- Implementing Universal Service Obligation for both postal and telecommunication services.
Criticisms of KCA 2009
a) It does not repeal Section 88 of the previous law that made it possible for the Minister in charge of Security to raid a media house.
b) It establishes an alternative Council to the Media Council.
c) Sec 46: may be misused by a rogue minister (section on setting standards for time and content of broadcasting.)
d) No clear guidelines on local content
- Freedom of Information Bill. This bill proposes an Act of Parliament to enable the public to access information in the possession of the Government and public authorities; to establish systems and processes to promote pro-active publication and dissemination of information.
Though this Bill is not targeted at media, it will greatly encourage investigative journalism and facilitate the work of journalists who will be able to background their stories better.
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