- We need a regulatory framework that can help the industry harness the potential in the media sector while at the same time minimising the impact of the challenges therein on journalists and consumers of media content.
- To register a print media house in Kenya, one needs to go through steps, away from the current opening of online media outlets that seems unregulated so far.
There is growing need for the country to quickly look at the media sector more comprehensively with a view to ensuring it becomes sustainable and protected from unnecessary disruptions by way of laws, policies and administrative codes.
Some of these are hindering the development and growth of the sector, while the opportunities are huge.
We need a regulatory framework that can help the industry harness the potential in the media sector while at the same time minimising the impact of the challenges therein on journalists and consumers of media content.
Not a regulatory framework that takes away self-regulation from the industry but strengthens it by way of putting more responsibilities on the news producers to obey in house professional codes of ethics, creates complaint handling mechanisms including establishing public educators that deal with complaints from citizens and regulatory bodies that are not held hostages by the media sector or the government.
Regulation must be a shared responsibility in the sector.
A practical system will require a media regulation that strengthens the protection and promotion of media freedom and the watchdog role, enhance independence, build the capacity of the media to speak and represent public interest agenda and a framework that cultivates professionalism and accountability.
It envisages diversity and plurality in content, all-inclusive programming, ensures universal access to media and spells out the role of commercial, public service broadcasting and community media among other things.
This requires that country quickly finalises on the development of a media policy that captures the emerging trends in the industry, creates an environment that allows a free, responsible and community-oriented media that focuses on the public good, operates in an environment that appreciates innovation and technological development among others.
With a converged newsroom and content production for example, does the model that requires broadcasters to be licenced by the Communication Authority of Kenya, newspapers to be registered by the registrar of print publications/newspapers under the Books and Newspaper Act, artistic and creative works to be registered under the Films and Stage Plays Act still stand?
Would for example, a broadcast station licenced by the CA, require another registration when they start an E-publication?
To register a print media house in Kenya, one needs to go through steps, away from the current opening of online media outlets that seems unregulated so far; Once the media house has registered branch office, it has to register its print publication with the registrar of books and newspapers as provided for in the books and Newspapers Act, execute a bond of ksh 1, 000, 000 prescribed in form 9 in the Act, accompanied by affidavits from sureties of the publisher, pay Stamp duty in respect to the bond at the lands Office for purposes of registering the bond at the registry at the lands office and provide evidence of registration of the bond to the registrar of books and newspapers in order to start publishing.
In addition, its recommended that publishers of newspapers and magazines register their publications with the Postmaster General (GPO), which will enable the publishers to transmit their publications through the Post Office at a concessionary postage rate.
The media house will pay an annual registration fee. Are these things still relevant in our laws? Shall a print media outlet that wants to start online news dissemination including production of multimedia content or podcast require a broadcasting licence?
And how many registrations and licences should such stations have to produce multimedia content?
Some individuals have on their individual online platforms followings and engagements that are beyond a single media house, and generate more income than companies-but our model still focuses on companies- how do we harmonise this, especially in the era where we want people to monetise content on digital platforms?
Do we need a relook at the taxation regime that disfavours those in liberal media practice-heavy taxes on broadsheet, broadcasting equipment and regular payment of frequencies and distribution channels?
The issue of content theft, plagiarism and fair compensation of content to journalists and media outlets who spend a lot to produce, which is picked easily by digital platforms must be addressed.
The new policy will require to look at several laws in the country to provide a comprehensive guide including the Kenya Broadcasting Corporation Act, Books and Newspapers Act, Public Security Act, Official Secrets Act, Films and Stage Plays Act, The Defamation Act, The Preservation of Public Security Act, The Public Order Act and Chief's Authority Act, National Police Service Commission Act, National Intelligent Service Act, Kenya Defence Forces Act, Copy Right Act, and the Penal Code-publication of false news), Computer and Cybercrime Act, Prevention of Terrorism Act, Prevention of Money Laundering act, while others create public agencies to regulate the industry (Media Council of Kenya, Communications Authority, Competitions Authority of Kenya, Copyright Society of Kenya, Kenya Films Board).
Victor Bwire is the Deputy Chief Executive Officer and Programmes Manager at the Media Council of Kenya.