Tuesday 12 November 2013

Why the proposed Media Bill is ‘almost perfect’

Journalists in Nairobi protest against the proposed Media Bill./mapambano



The proposed media bill has not only appalled many but also cast doubts as to whether good state-press relations will ever find a footing in a country that preaches democracy and practices something else.
Leaders from every nook and cranny have poured vitriol on Members of the Kenyan parliament for passing what experts term as a “repressive and unconstitutional” law, which is alleged to strip any remaining freedom from the media.
A fortnight ago, former vice president Kalonzo Musyoka warned of a return to dictatorship if MPs keep alive their efforts to gag the press and silence the civil society, the only remaining critics of the present government.
Poured vitriol
Former Prime Minister Raila Odinga echoed his sentiments, and called for a free press.
As deputy president William Ruto exudes confidence that the president will not sign the bill, all eyes now focus on the president, waiting to see if he will make good his promise.
President Kenyatta says he will not sign the bill before ironing out contentious issues with all stakeholders; a local daily quoted him as saying.
An expert privy to the contents of the contentious bill intimated that some parts are good as they will promote professionalism in the media industry, while other parts of the same bill remained vague and potentially punitive to media houses and journalists.
“The media should be left to self regulate themselves like other professions. For instance, lawyers have the Law Society of Kenya, teachers have the Teachers Service Commission, while doctors have the Medical Practitioners Board.” Says Mr. Kerich, an expert in media relations.
“I do not see why the media council should not be strengthened to regulate the press that is in line with international standards.’ Adds Mr.Kerich.
Trying sheep in a hyenas court
According to the proposed bill, the government will form a vague board that will regulate what the media reports, and unfortunately, no member of the said board is a journalist.
“This is ridiculous.  It is like trying sheep in a hyena’s court and expecting justice.” chided another expert.
The bill also proposed exorbitant fines for individual journalists who are caught on the wrong side of the law.
“Errant journalists will part with at least Shs 1 Million, same applies to the media houses,” Said Henry Onchoka, a media consultant.
The crime might be something as minor as “failing to separate facts from opinion,” he adds.
Onchoka says this will result to a suppressed media so fearful to report the happenings and risk going out of business due to such sanctions as heavy fines and threats to their reporters.
Journalists summoned
A fortnight ago, Kenyans reeled in shock after the government summoned two journalists for exposing and portraying the police as thieves.
Mohamed Ali and John Allan Namu of the Standard Group had aired CCTV footage allegedly showing Kenya Defence Forces soldiers carrying bulging white plastic bags bearing the logos of Nakumatt supermarket, as they tried to secure the Westgate Mall following an attack by the Somalia militant group Al Shabaab.
Interior cabinet secretary Joseph Ole Lenku was quoted as saying that the journalist duo acted as if they were glorifying the terrorists and vehemently denied the soldiers looted as claimed.
An army spokesperson reportedly said the security forces were carrying drinking water from the supermarket which was located inside the mall.
Lenku later admitted that some soldiers looted, and sure enough, a few were dismissed and arraigned in courts.
“A case in point is that if the media did not expose the rot at the Westgate, no one could ever know thus they must be allowed of their place as the fourth estate,” added the expert.
“This is vendetta; I believe the MPs are trying to silence the media after they have been portrayed as greedy and selfish since claiming a salary increment.
This is not how democracies work. They  (parliamentarians) are public officers and the public must know what their representatives are doing,” says Kerich.
Weed out quacks
“They should give media a chance to do their work, and I am still waiting to see how this works out because the politicians are also the guys who own the media houses.” Adds Onchoka.
“However, we must agree that the same bill seeks to streamline the profession and also to create more employment.  If those contentious issues are solved, I think we have a very good and realistic bill here,” says Onchoka.
The bill proposes that at least 60 per cent of the broadcast content be local, thereby reviving the sick horse that is the film industry.
Currently, local media houses have been feeding their audience on cheap and third rate films from Nigeria and Asia, building foreign economies while depriving the local industry of massive income.
“Kenya boasts of top notch film makers and actors who can even hold a candle to their Nigerian counterparts, and it is sad we knowingly sit on our film industry, a local gold mine,” a top rated film maker lamented.
“Just recently, the government introduced Uwezo fund which is aimed at empowering the youth, and even film makers were not left behind. A fund was introduced to support those making good local content and this is a very good move as it will create jobs in this sector,”
The new bill also seeks to license all practitioners in a bid to weed out quacks who have infested the industry like fleas.
According to a highly placed expert who wished not to be named, the media industry is now “full of fame hungry pretenders and quacks, and just a few professionals,” that is why the best journalists are still jobless while people who have never seen the inside of a media school now ’rule the airwaves.”
Or rather, which other profession do we find people just joining without any vetting?
“In Kenya, you just need to get famous, and you get that media job, that is why we have some very irresponsible scribes,” said Job Kiarie, a media practitioner.
“We must be able to shield our institutions from a rogue parliament or else we go back to the dark oppressive days when Kenyans had to look over their shoulders before saying anything.” Maintains Mr. Kerich.

*Names have been edited to protect the identities of the respondents.