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"id": 216351,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/216351/?format=api",
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"type": "speech",
"speaker_name": "Mr. Kagwe",
"speaker_title": "The Minister for Information and Communications",
"speaker": {
"id": 229,
"legal_name": "Mutahi Kagwe",
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"content": " Thank you, Mr. Speaker, Sir. Over the last few years, the country has witnessed a rapid increase in both the number of newspapers, radio stations, particularly FM stations and, indeed, training programmes for professionals who are now seeking statutory recognition like other professionals such as lawyers, engineers, architects, quantity surveyors, accountants, valuers, nurses, medical laboratory technologists and public secretaries. All these people are recognised statutorily. The Media Council of Kenya has, indeed, been in existence in Kenya for the last ten years, but the only problem has been that the Media Council of Kenya has had no legal teeth during that period and consequently, its inability to move in a manner that it can create the said level playing field between the media and those that it serves. Mr. Speaker, Sir, in designing this Bill, there were a lot of consultations between my Ministry as well as the various arms within the media fraternity, particularly the Kenya Union of Journalists (KUJ), the Media Owners Association (MOA) and other interested stakeholders, including Committees of Parliament. So, the Bill that is before the House is actually as a result of the engagement with all these people. Having said that, I would like to bring to the attention of the House and, indeed, the country that the issue of the Media Bill and having a Media Council is not something that is new in our region. Indeed, it is basic practice across the world. Mr. Speaker, Sir, in creation of media councils in other nations, some countries have independent media councils while others have statutory media councils. For instance, the list of countries with Press councils or media councils include Austria, Belgium, the Flemish Community, Denmark, Finland, Fiji, Germany, India, Luxembourg, Malawi, The Netherlands and Spain; July 3, 2007 PARLIAMENTARY DEBATES 2171 although only the Catalonia has a Press Council or original jurisdiction. The others are Sweden, Tanzania, Uganda and the UK. In the UK, the Press council that was established in 1953 was an industry initiative. Indeed, in that country, the situation continued to be as such for many years. However, it was relaunched again in 1991 in a shape of Revised Press Complaints Commission now increasingly referred to in the UK as PCC. The original UK Press Council's apparent inability to deal satisfactorily with privacy led to the demise of that particular council. The main reason for the abolition of the council was the increasing intrusion by the Press, especially the tabloids, into the private lives of people and the inability of the council to curb it. The main difference between the Press Council and the Press Complaints Commission is that while the Press Council was also responsible for preservation of freedom of the Press, the latter only ensures decent standards of conduct by newspapers. Mr. Speaker, Sir, in Sweden, the Press Council was originally established in 1916. It was as a result of an initiative of three Press organisations, namely, the Publishers' Club, the Swedish Union of Journalists and the Swedish Newspapers Publishers Association. The intention of the foundation was changed later in the century as the council was opened for late participation in its Board. In the 1960s, in Sweden, the council underwent deep reforms spurred by plans in the Swedish Parliament to use legislation to curb sensationalisation in the Press. The industry responded by setting up, in 1969, the first Press Ombudsman, which is now part of the system of the Press Council under a revamped code of ethics. In Luxembourg, the Press Council is a statutory creation. The composition of the Press Council is determined by law of December, 1979. On the recognition and protection of the professional decree of journalists, Council Members are renewed every two years, and it covers professional ethics of all the media. The Danish Press Council was founded in 1964. Its statutory basis is Article 41 of the Danish Media Liability Act. The partnership between the industry and the authorities is evidenced in the membership of its strong Board. The Chairman and the Vice-Chairman are appointed by the President of the Danish Supreme Court of Justice, and should be lawyers. Two members are appointed by the Union of Journalists; two members represent the Print Media or Broadcast Management, and two members come from the public at large. The partnership between the authorities and the industry is also clear in the sourcing of funding for the council from the Union of Publishers and the Ministry of Justice. Mr. Speaker, Sir, the Press Council of India was first set up in the year 1966 with the objective of preserving the freedom and maintaining and improving the standards of the Press in India. The council functions under the Press Council Act, and it is a statutory quasi-judicial body which acts as a watchdog of the Press. It adjudicates the complaints against and for the Press for violation of ethics and violation of freedom of the Press, respectively. The council is headed by a Chairman, who has, by convention, been a retired Judge of the Supreme Court of India. The council consists of 28 members of whom 20 represent the Press and are nominated by the Press organisations and news agencies, recognised and notified by the council as all India bodies of categories such as editors, working journalists, owners and managers of newspapers. Five are nominated from the two Houses of Parliament, and three members represent cultural, literal, legal fields as nominees of the Satire Academy, University Grants Commission and the Bar Council of India. The members serve on the council for a term of three years. The Press Council of India is funded by a fee levied on the registered newspapers, on the basis of their circulation. More fees are levied on newspapers with a circulation of less than 5,000 copies. The deficit is made good by grant of the Central Government, through the Ministry of Information and Broadcasting. In Tanzania, there is ongoing debate right now on a Media Bill that has presented vibrant 2172 PARLIAMENTARY DEBATES July 3, 2007 debate, just as we have in this country but I can tell you, having seen the Bill, that it goes a longer way in terms of interference with the Press. The Uganda Press and Journalists Act of 1995 that established the Media Council gives the Minister for Information discretionary powers to intervene in the affairs of the media. For example, the new law provides for the appointment of members of the Media Council by the Minister. The Media Council has quasi-judicial powers and is by law mandated to handle accreditation of foreign correspondents. It also issues practising licences for local journalists. Mr. Speaker, Sir, I have taken time to go through these countries and their media councils and the laws that apply to the councils of those nations, because there has been a tendency within the Media, over the last few weeks, when debate on this matter started, to create the notion that the Government of the Republic of Kenya is, in passing this Bill, attempting to control the media. From the outset, I would like to assure both media and hon. Members of this august House that the Government of this Republic has no intention whatsoever of muzzling, controlling or, in any way, interfering with the freedom of the Press. Indeed, this issue of the freedom of the Press is actually provided for within the Constitution of this nation. The relevant constitutional provision, Section 79 of the Constitution of Kenya states very clearly, as follows:- \"Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression. That is to say, freedom to hold opinions without interference; freedom to receive ideas and information without interference; freedom to communicate ideas and information without interference, and freedom from interference with his correspondence. Nothing contained in, or done under the authority of any law, shall be held to be inconsistent with, or in contravention of, this Section to the extent that the law in question makes provision--- There are several provisions under part (a) of this Section but part (b) goes on to state as follows:- \"(b) that is reasonably required for the purpose of protecting the reputations, rights, freedoms of other persons and their private lives.\" Mr. Speaker, Sir, therefore, I want to assure the House that, in dealing with this matter, we have, indeed, looked at the relevant section of the Constitution just to ensure that in no way do we interfere with the said freedom. Having said that, the idea of creating responsibility within the media - the idea of the media regulating itself - in my opinion and, indeed, in the opinion of the drafters of this Bill, does not in any way contravene any part of our Constitution. In the United States of America (USA), the Constitution provides that the Congress shall make no law that will interfere with the freedom of the Press but having said that, there are regulations which must be followed through the Federal Communications Commission of the USA. I would like to just give an example for hon. Members to think about: That, in that land of freedom - the USA - recently, during a football match, when the entertainer, Ms. Jannet Jackson, bared her breasts to the American public at large, the broadcasting house that actually showed Ms. Jannet's breasts, was actually fined by the Federal Commission. So, in agreeing that we should not interfere with the freedom of the Press, nowhere in the Constitution does it say that freedom must be exercised irresponsibly or that freedom is absolute in its nature."
}