MPs to discuss media fears over threats to freedom of expression

MPs are looking into media industry complaints that powers given to the government over news outlets by proposed information laws will stifle the freedom of expression.

The chairman of the Energy, Information and Communication Committee, Mr Jamleck Kamau, told the Nation that issues raised over the Media Council (Amendment) Bill and the Kenya Information and Communications Authority Bill would be tabled in the House next week.

“I have seen that the media is keen on making sure the powers of the Cabinet Secretary are curtailed in terms of appointments but in our report you’ll see how we have dealt with them,” he said.

BREACH OF CONSTITUTION

“It is our mandate to look at everything, including the views of the stakeholders, who in this case include the media,” Mr Kamau added.

The Second Reading of the Bill was scheduled for Tuesday last week, but was postponed until the committee tables its report.

A committee report gives an indication of the possible amendments to be introduced at the Third Reading.

Members of the committee have informally spoken of concerns that the Cabinet Secretary’s powers in the appointment of the board of the Communication Authority and the Media Council, could be in breach of the Constitution.

When the Communication Commission of Kenya presented its views, some MPs were also alarmed that a ministry official was at the meeting.

Mr Kamau referred to the media concerns last week when the Kenya Information and Communication (Amendment) Bill went through the Second Reading.

“We looked at this Bill critically and said that if, indeed, the Communication Authority of Kenya is a body that we need to be that independent, then the appointment procedures must be reviewed as well. This is because we cannot have a body that is independent and then we leave it to the whims of one individual to make appointments at will. That will not be independence at all,” he said.

He said the committee would come up with amendments so that any appointments made would conform to the Public Appointments (Parliamentary Approval) Act.

“Those members who will be nominated will have to be cleared by this House for that independence to exist,” Mr Kamau said.

Finance Committee chairman Benjamin Lang’at also expressed similar concerns, saying that for an independent board, the appointments to the board of the authority needed to be done differently.

“Look at the composition of the board. It has three Principal Secretaries, who are Government officials. The other members proposed to be appointed in this Bill are also appointed by one person. You are telling us that a Cabinet Secretary will simply advertise the posts, draw up a list, get comments from the public and then appoint people to the authority? The chairman will advertise, then get complaints; give names to the President and then he will appoint,” he said.

Opposition to the Bill arises from the powers given to the minister, a government functionary and political appointee, to dissolve the Media Council and the board of the CCK and establish mechanisms for appointment of their successors and ultimately appoint them.

The same minister has the power to reject any proposed nominees and can instigate their dismissal.

The Media Council (Amendment) Bill gives the minister power to amend the Code of Ethics for journalism.

Broadcasters have complained that The KICA (Amendment) Bill establishes a Broadcasting Standards Committee with censorship powers, to develop standards for broadcast of content and compliance with such standards.

“Put simply, the power to control media operations and content under both Bills, if enacted, would rest with functionaries of or appointees of the Cabinet Secretary,” Nation Media Group’s head of legal affairs Sekou Owino said.

“This, in our view, is a step-back from the ideals of the Constitution, as the media practitioners as professionals would lose their right to self-regulate.”

The KICA Bill is due to be brought back to the House for the Third Reading before it is sent to the President for assent and enactment into law.