HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 216156,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/216156/?format=api",
"text_counter": 507,
"type": "speech",
"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "",
"speaker": {
"id": 47,
"legal_name": "Mutula Kilonzo",
"slug": "mutula-kilonzo"
},
"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. I am still on Clause 5 and I want to draw the attention of the House again, and I say this with humility again, because hon. Members will sit on the right hand of the Speaker today and tomorrow, they might be on the left hand side. The time to listen to me is now, and it is this: If you look at Clause 5(f), it says:- \"The functions of the Council are to- (f) promote high ethical standards among journalists and in the media;\" Once again, that is not an area where this country is required to legislate. That is a matter that should be left to those people in those professions themselves. All that the Government should do is to look at Section 79(2) and if they find it under this section, Government Ministers are people who should be protected or Assistant Ministers are people to be protected; they can bring a law here so that journalist can know when they write about Assistant Ministers or Ministers being idle and not being paid, those are people who can be covered by the exceptions in Section 79(2) of the Constitution. Mr. Temporary Deputy Speaker, Sir, one of the most amazing things is Part IV of the Bill. That is where there is something called \"Complaints and Dispute Resolution\". The Bill, by Clause 29, attempts to say the following:- \"There shall be a Complaints Committee which shall consist of not less than five persons appointed by the Council, among whom shall be a journalist, an advocate of the High Court and a member of the public\". I would like to remind this Government again, that there is a law of defamation in Kenya. That law is total; it is complete and it is protected. That law allows, whenever there is a dispute about a misreporting, for that law to be used, and successfully too, for the protection of the reputation that the Government is now seeking to protect. There is no need to come and create a so-called \"Complaints and dispute resolution mechanism\" in an Act of Parliament on issues that are clearly outside the province of Government regulations. But, Mr. Temporary Deputy Speaker, Sir, most importantly, allow me to refer to Clause 38. Clause 38(2) says:- \"The media shall keep and maintain high professional and ethical standards and shall, at all times,---\" You notice, Mr. Temporary Deputy Speaker, Sir, that is mandatory! \"The media shall keep and maintain high professional and ethical standards and shall, at all times, have due regard to the Code of Conduct set out in the Third July 4, 2007 PARLIAMENTARY DEBATES 2297 Schedule to this Act\". I submit without fear of contradiction that, that clause flies in the face of Section 79 of the Constitution of the Republic of Kenya. It is a hindrance to the practice of the right to freedom of information, communication, expression and all other freedoms that will contribute to the growth of this country as we move forward. Mr. Temporary Deputy Speaker, Sir, it is for that reason alone that I will submit that this law should be rejected. The Code of Conduct appears on Page 754. Since other hon. Members have spoken about parts (a)(b)(c) and (d), I just want to deal with independence. Mr. Temporary Deputy Speaker, Sir, you will find independence on page 755, and it says:- \"Journalists should defend the independence of all journalists from those seeking influence or control over news content. They should- (a) gather and report news without fear or favour, and vigorously resist undue influence from any outside forces, including advertisers, sources, story subjects, powerful individuals and special interest groups\". Mr. Temporary Deputy Speaker, Sir, it is my submission that the entire part of the Clause again is superfluous, completely unnecessary and the sort of thing that would be used in a court of law for the prosecution of a journalist alleging that they have violated this so called independence. That applies to \"integrity\" on page 756 and \"accountability,\" at page 757 and \"misinterpretation.\" Look at \"unnamed sources\" at page 758. It says that unnamed sources should not be used unless the pursuit of the truth would best be served by not naming the source who should be known by the editor and reporter. When material is used in a report from sources other than the reporters, these sources should be indicated in the stories. This is one method of killing journalism in this country because they are required to say their source even in advance and that would destroy the very confidentiality that has protected journalism for decades not only in this country but in many parts of the world. I can go on and on. Mr. Temporary Deputy Speaker, Sir, my own conviction and considered opinion is that, this is an extremely bad law. If you look at \"privacy\" at page 760, they say that the public's right to know should be weighed against the privacy rights of people in the news. Then journalists should stick to the issues. Who is going to determine what issues a journalist should stick to? I do not think I need to go further. I, very humbly, urge this House to reject this Bill on the grounds that it is unconstitutional and extremely badly drafted and any attempt to amend it is going to be a complete waste of time, because you cannot amend that which is unamendable. With those few remarks, I beg to oppose."
}