Kenya: Kenya's new constitution good news for media [opinion]

The new constitution endorsed by 67% of Kenya's voters on August 4 crucially enshrines media freedom for the first time and scraps the Official Secrets Act that has been used to muzzle the media and protect corrupt government and military officials. "Freedom of independence of electronic, print and other media of all types is guaranteed," reads a provision in the Bill of Rights, described as one of the most progressive on the continent. “The state shall not, exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of the information by any medium."

It adds, "The state shall not penalize any person for any opinion or view or the content of any broadcast, publication or dissemination."

 

The law leaves little space for Parliament to enact anti-media laws, although the inclusion of privacy provisions has raised some concerns.

 

A long-delayed Freedom of Information Act has been included, while state-owned media have guaranteed editorial independence of the government of the day.

 

Clause 34 of the new basic law reads, "All state media shall, be free to determine independently the editorial content of their broadcasts or other communications, be impartial and to afford fair opportunity for the presentation of divergent views and dissenting opinions."

 

In a landmark move by a government that has had its share of running and intellectual battles with the media, the state backed the “yes” campaign led by all its top leaders including President Mwai Kibaki and Prime Minister Raila Odinga.

 

Not even licensing procedures have been spared in the effort to ensure a free press is part of Kenya's culture and governance. "Broadcasting and other electronic media have freedom of establishment, subject only to licensing procedures that are independent of control by government, political interests or commercial interests."

 

The Media Council of Kenya (MCK), established by a 2007 law, will now have to undergo a restructuring to conform to the new laws. The constitution provides that  "Parliament shall enact legislation that provides for the establishment of a body which shall be independent of government or political control, reflects the interests of all sections of the society and sets media standards and regulate and monitor compliance with those standards."

 

However, Parliament has three years to implement the clause on the new-look Media Council.

 

The new supreme law then adds, "Every citizen has the right to access, information held by state and any information that is held by another person and that is required for the exercise or protection of any right or fundamental freedom."

 

The government will further be forced to inform the nation of all crucial information, "the state shall publish and publicize any important information affecting the nation."

 

The president will have to be accountable to the public through the media, by issuing a compulsory “state of the nation, address every year to be hosted by the media.”

 

There has been some concern about privacy provisions, however. The constitution gives Kenyans the right not to have “information relating to their family or private affairs unnecessarily acquired or revealed; or the privacy of their communications infringed.”

 

Lawyers differ on the impact of this clause. Lawyer Jennifer Shamallah says, “The new law will make it impossible to reveal marital unfaithfulness of public figures or even basic information about their families.”

 

However, Kamotho Waiganjo, also a High Court advocate, argues, “The same privacy clause provides that government cannot hack or acquire phone records of journalists who speak to sources for information, the other bits are just to stop a gutter tabloid culture.”

 

In general, though, journalist groups have welcomed the new constitution as representing a major step forward. Journalist Association of Kenya President Jacqueline Aoko says, “This is very progressive. It means suddenly we have access to a lot of information previously labelled secret by the state and that’s good news for the industry.”

 

-August 16, 2010 by Dennis Itumbi

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Source: www.journalism.co.za/index.php   (accessed on 19.08.10)