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{
    "id": 180109,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/180109/?format=api",
    "text_counter": 263,
    "type": "speech",
    "speaker_name": "Mr. Khaniri",
    "speaker_title": "The Assistant Minister for Information and Communications",
    "speaker": {
        "id": 171,
        "legal_name": "George Munyasa Khaniri",
        "slug": "george-khaniri"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, I beg to move that the Kenya Communications (Amendment) Bill be now read a Second Time. Mr. Temporary Deputy Speaker, Sir, this Bill that you have given me an opportunity to move is a product of a lot of consultations from all the stakeholders that are involved in that sector. We tried to make it as all-inclusive as possible. I want to take this early opportunity to thank all those who participated in putting this Bill together. It was a long journey and a rigorous process. But I am happy that, at the end of the day, we managed to come up with this Bill that I want to present to this House for discussion. I hope that Members of this House will pass it. I want to particularly thank the regulator of the industry - that is the Communications Commission of Kenya - for its input. I also want to thank all the service providers who were also involved in drafting this Bill. I want to thank Telkom Kenya, Safaricom Limited, Celtel - which is now Zain - Postal Corporation of Kenya, Kenya Broadcasting Corporation and all the other service providers who were involved in the formulation of this Bill. I also want to thank the Departmental Committee on Energy, Communications and Public Works which is responsible for my Ministry in this House. Mr. Temporary Deputy Speaker, Sir, this Bill, if passed by the House, proposes quite a number of changes on the Kenya Communications Act of 1998. That is the Act that is currently governing the communication sector. You will agree with me that an Act that was enacted ten years ago has obviously been overtaken by events, considering the fast rate at which the communication industry is growing. There has been enormous growth in the industry. There have been new technologies that were not envisaged when we passed the Kenya Communications Act of 1998. Therefore, generally, there have been so many changes that have happened in the sector. Therefore, the Act, as it is now, cannot effectively run the sector. That is why we are coming up with the Kenya Communications (Amendment) Bill of 2008 to address all those new technologies, so that there can be a smooth running of the industry. Very soon, we are going to have digital broadcasting in the information sector. Yet, in the old Act, there is no legal framework to govern that. That is what we are introducing in the new Bill, so that we can be able to switch smoothly from the analogue broadcasting to the digital broadcasting. The principle objective of this Bill is to make certain necessary amendments to the Telecommunication Act No.2 of 1998. The proposed amendments will help streamline and introduce regulatory provisions in electronic transactions and broadcasting, which are presently weak. That will be done by transforming and empowering the Communications Commission of Kenya into a fully-fledged information and communication technology sector regulator. 3442 PARLIAMENTARY DEBATES November 12, 2008 Mr. Temporary Deputy Speaker, Sir, if you go to the old Act, on page 198, Part 1, that is on the preliminary, it says:- \"This Act may be cited as the Kenya Communications Act, 1998, and shall come into operation on such a date as the Minister by notice in gazette appoint. Different dates may be appointed for different provisions.\" We are changing that from the Kenya Communication Act to Kenya Information and Communications Act, so that we can include information, which was not provided for in the old Act. The Bill seeks to address a number of policy objectives. I will take you through some of them. Number one, the Bill seeks to create a regulatory, advisory and dispute resolution bodies to support the implementation of the National Information and Communications Technology Policy. Number two, the Bill also seeks to provide a new regulatory framework for broadcasting stations and services. Those provisions will be found on page 1311 of the new Bill that I am presenting. Section 46(B)(1), that is classification of broadcasting services. I will quote:- \"Broadcasting services shall be classified for specified areas according to the following service categories:- (a) Public broadcasting. (b) Private broadcasting. (c) Community broadcasting. Section 46(B)(2) says:- \" Subject to the provisions of this Act, broadcasting service licences shall be categorised in the following classes:- (a) Free-to-air radio (b) Free-to-air television (c) Subscription radio (d) Subscription television (e) Subscription management (f) Any other class of licence as may be determined in accordance with the regulations. Mr. Temporary Deputy Speaker, Sir, the Bill also provides for the licensing of certification service providers and country top level domain administers. Number five, Mr. Temporary Deputy Speaker, Sir, the Bill also provides for electronic transaction related offences, including cyber crime and programming of mobile telephones. Also, in order to ensure responsibility by the broadcasting houses in the reporting, we have made a provision, that is Section 46(II) on page 1316 - Responsibilities of Broadcasters. \"All licensed broadcasters shall:- (a) Provide responsible and responsive programming that caters for the varied needs and susceptibilities of different sections of Kenyan communities. (b) Ensures that Kenyan identity is developed and maintained in their programmes. (c) Observe standards of good taste and decency. (d) Gather and present news and information accurately and impartially. (e) When controversial or contentious issues of public interest are discussed, make responsible efforts to present alternative points of view, either in the same programme or in other programmes within the period of current interest. (f) Respect the right to privacy of individuals. (g) Respect copyright and neighbouring rights in respect of any work or material. (h) Keep a programme log or machine readable record of e-programming for a period of one year after the date of broadcasting. (i) Ensure that advertisements, either in terms of content, tone or treatment are not deceptive or are not repugnant of good taste. (j) They will ensure that derogatory remarks based on ethnicity, race, creed, colour November 12, 2008 PARLIAMENTARY DEBATES 3443 or sex are not broadcast.\" Mr. Temporary Deputy Speaker, Sir, we put this particular section just to ensure that there is responsibility in our broadcasting houses. In broadcasting, the Bill inter alia, proposes to empower the Commission to license and regulate broadcasting services as well as promote the development of local content in addition to allocating frequencies. The Bill further seeks to enable the Commission to set standards for the manner, time and type of programmes to be broadcast by licensees and set up mechanisms for handling complaints by the public against the broadcasters. Mr. Temporary Deputy Speaker, Sir, in electronic transactions, the Bill provides for a legal recognition of electronic records and signatures, creates new offences with respect to electronic records and transactions, including cyber crimes, destruction of electronic records and programming of mobile telephones. Mr. Temporary Deputy Speaker, Sir, Part VI(B) of this Bill on page 1347 is on the Universal Service Fund. The Bill also proposes the establishment of the Universal Service Fund to be funded by amongst others, levies from licensees. The Fund will be administered by the Commission and will be used to promote Information and Communications Technology (ICT) services in rural and other under-served areas. The Bill also has provisions seeking to empower the Commission to ensure fair competition in the sector, and further seeks to harmonise and enhance various penalties for offences under this particular Act. Mr. Temporary Deputy Speaker, Sir, as I said earlier on, the Bill also seeks to introduce legal recognition of the electronic signature. I want to draw the attention of hon. Members to page 1336 of the Bill - Legal Recognition of Electronic Signatures; that is Section 83(p). It says and I quote: \"Where any law provides that information or any other matter shall be authenticated by affixing a signature, or that any document shall be signed or bear the signature of any person, then notwithstanding anything containing that law, such requirement shall be deemed to have been satisfied if such information is authenticated by means of an advanced electronic signature affixed in such manner as may be prescribed by the Minister.\" Mr. Temporary Deputy Speaker, Sir, the Bill also proposes to make consequential amendments to the Kenya Broadcasting Corporation Act, Cap.221, the Penal Code Cap.63 and the Evidence Act Cap.80. Therefore, as I said earlier, there are so many provisions in the Bill. I want to believe that hon. Members of this august House have had a chance to look at the Bill, so that we can have a very fruitful debate and, eventually, come up with an appropriate legislation to govern the ICT Sector. I know that the Bill may not be perfect, and that is why it is subjected to this debate. Mr. Temporary Deputy Speaker, Sir, this afternoon, as I was coming to move this Bill, I have received numerous phone calls from many media houses raising their complaints. All I want to say is that all is not lost. We are still going to have the Third Reading and the Committee Stage where, if anybody feels there is an omission, we will bring it in at that particular stage. We mean well. We just want to provide a proper legal framework to govern the ICT Sector in the country. We all know that this is long, long overdue. We started working on this Bill about two years ago, and I am happy that it has now seen the light of the day. Mr. Temporary Deputy Speaker, Sir, with those few remarks, I beg to move and I will call upon Dr. Mwiria to second. Thank you, Mr. Temporary Deputy Speaker, Sir."
}