Kenyan Government Publishes New Communications Bill

The Kenyan Government has dropped plans to bar cross-media ownership and to empower the Internal Security Minister to order invasion of broadcasting stations. These clauses that sought to muzzle the media, have been taken away from the Kenya Communications (Amendment) Bill 2008.

Information and Communications Minister Samuel Poghisio published the draft law yesterday. Poghisio’s predecessor Mutahi Kagwe was forced to withdraw the Bill last year amid condemnation that it contained controversial clauses aiming to gag the media. It had sought to ensure no broadcasting licensee had a “controlling interest” in another broadcasting licencee or owned or had “controlling interest” in a person licensed to produce a newspaper. Essentially it barred ownership of a newspaper and a broadcasting station at the same time.

The draft law appears to have stripped the Internal Security Minister of sweeping powers that the previous one attempted to confer. While last year’s Bill stated that the minister could order a raid on a “rogue” station “on declaration of any public emergency or in the interest of public safety,” the new Bill has no such provision.

The new Bill has also dropped a provision that would have permitted the Information Minister to control the development, production and broadcast of content by stations. It proposes to transform and empower the Communications Commission of Kenya (CCK) into a full-fledged information and communications technology sector regulator. If it were enacted, it would empower the CCK to license and regulate broadcasting services.

Before issuing a broadcast licence, the commission shall consider diversity and plurality of views to enhance competition.

– by Andy Sennitt

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