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{
    "id": 403477,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/403477/?format=api",
    "text_counter": 264,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "Thank you, hon. temporary Deputy Speaker, Sir, for giving me an opportunity to debate the all important Media Council Bill. The need to pass the media legislation arises from a command of the Constitution under Article 34. The constitutional freedom of the media of a right to information was not enshrined in the old Constitution, thereby explaining, perhaps, why the former regimes were running amok, wrecking media establishments and generally jailing journalists on trumped up charges of sedition. Now, we have a clear provision in the Constitution guaranteeing media freedom, and under Article 34 it is clear in the Bill on non-State interference with the media establishments. Article 34 states that any regulatory body with authority over broadcasting and electronic media must be independent of control by State, political or commercial interests. It is clear that any media legislation then must satisfy two standards. In my view, one of the standards that the legislation of media must satisfy is to cushion the media against State control. Perhaps, the other test is to make sure that any regulatory body is independent. Anybody who regulates the media must be independent. When I say “independent”, it is freedom from oversight or supervision by any State organ, including the Cabinet Secretary. Unfortunately, the Bill as drafted appears not to pass the test set by Article 34 of the Constitution. I think we are giving a lot of leeway to the Cabinet Secretary, not only in this Bill but also other Bills that have found their way into this House. We are indulging the State a lot through the Cabinet Secretary, playing a major role in our law, particularly those laws that regulate commissions; we are making ourselves subject to State control. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}