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"speaker_name": "Hon. Kamau",
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"id": 35,
"legal_name": "Jamleck Irungu Kamau",
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"content": "The media also claims that the tribunal shall have powers to deregister journalists. This is, again, incorrect. The correct position is that the tribunal can recommend to the Media Council – which belongs to journalists – a particular person has offended the provisions of the Act and recommend actions to be taken against such person. The final action would come from the Media Council, and not the tribunal. The media also says that the Bill provides for 60 per cent local content on all radio and television stations. Again, this is not the correct position. The correct position is that the Bill provides for 45 per cent local content. This provision is in line with the international practice, where each country strives to develop the local film industry and music through television stations in their own countries. Hon. Speaker, I have looked at some other jurisdictions. If you allow me, I can give the United States of America (USA), where there is a presidential system of Government just like in Kenya. In the USA, there is a body called the Federal Communications Commission (FCC), whose functions are in line with the functions of the tribunal proposed in this Bill. In the USA, the FCC has various powers of regulating the activities of the media. As we know, for every freedom, there are limitations. We are saying that the media must enjoy freedoms but in doing so, they must not jeopardise the freedoms of other people. So, we just wanted to make very clear that, that is the position and appeal to the media that this country belongs to all of us and, therefore, it must be taken care of by all of us. Let us not politicise the issue of the media. Some members of the media fraternity and many Kenyans may not have read this Bill. They are simply taking their positions based on the information that has been provided by the same media, which is totally misinformed. Therefore, I would like to ask members of the media fraternity to read the Bill and understand it, so that they can make informed decisions. Finally, let the media also publish the views of all Kenyans, irrespective of whether they support or dissent to the Bill, so that there can be proper debate on the matter. The media has said that some provisions in this Bill are unconstitutional. I would like to advise them that if they indeed feel that there is any part of the Bill that is unconstitutional, we are open to discussions. So far, they have not quoted any specific section of the law that is unconstitutional. This House has done its work. The Bill is before the President. He will be guided accordingly to act in whichever way he will act."
}