A Publication of the Media Council of Kenya
April - June 2014
Media versus National Security Striking the right balance
About Us
Vision A professional and free media accountable to the public.
Mission To safeguard media freedom, enhance professionalism and arbitrate media disputes.
Council’s Role, Mandate, Functions and Authority
The Media Council of Kenya is an independent national institution established by the Media Council Act 2013 for purposes of setting of media standards and ensuring compliance with those standards as set out in Article 34(5) of the Constitution and for connected purposes.
The Council draws its mandate and authority from the Media Council Act 2013. Its functions are to: • Promote and protect the freedom and independence of the media; • Prescribe standards of journalists, media practitioners and media enterprises; • Ensure the protection of the rights and privileges of journalists in the performance of their duties; • Promote and enhance ethical and professional standards amongst journalists and media enterprises; • Advise the government or the relevant regulatory authority on matters relating to professional, education and the training of journalists and other media practitioners; • Set standards, in consultation with the relevant training institutions, for professional education and training of journalists; • Develop and regulate ethical and disciplinary standards for journalists, media practitioners and media enterprises; • Accredit journalists and foreign journalists by certifying their competence, authority or credibility against official standards based on the quality and training of journalists in Kenya including the maintaining of a register of journalists, media enterprises and such other related registers as it may deem fit and issuance of such document evidencing accreditation with the Council as the Council shall determine; • Conduct an annual review of the performance and the general public opinion of the media, and publish the results in at least two daily newspapers of national circulation; • Through the Cabinet Secretary, table before Parliament reports on its functions; • Establish media standards and regulate and monitor compliance with the media standards; • Facilitate resolution of disputes between the government and the media and between the public and the media and intra media; • Compile and maintain a register of accredited journalists, foreign journalists, media enterprises and such other related registers as it may consider necessary; • Subject to any other written law, consider and approve applications for accreditation by educational institutions that seek to offer courses in journalism; and • Perform such other functions as may be assigned to it under any other written law.
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Contents:
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Contents The media remains a critical player in national security .............................................................................................5 President Kenyatta: Media Freedom Comes with Responsibility ................................................................................ 6 Media Council Launches Book on Radio Talk Shows...................................................................................................7 Media Council Partners in Addressing Safety of Journalists .......................................................................................8 Media Council Holds Public Forum in Narok ..............................................................................................................9 Food for thought on the Media versus National Security .......................................................................................... 10 Media is no platform for criminals or terrorists! ....................................................................................................... 13 What do Kenyans expect of Media on Security? ........................................................................................................ 15 Freedom of Information versus State Secrets ........................................................................................................... 18 Reconciling National Security Interests with Media Independence ...........................................................................20 How media coverage of security issues exposes women to double jeopardy .............................................................23 Disconnect Between Newsroom and Classroom on Security Issues ..........................................................................26 The Inadequacies in Reporting Security Issues .........................................................................................................28 The shrinking Landscape for Media ..........................................................................................................................30 Safety and Security Plan – The Dilemma of News Gathering ....................................................................................34 Tolerance in Terror: Conflict–Sensitive Reporting .....................................................................................................36 The Social Media and Journalism Divide ..................................................................................................................39 Journalism Suffering at the Altar of Social Media Craze?.......................................................................................... 41 ‘This was the first time I had been shot at’ ...............................................................................................................44 April - June • 2014
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The Media Observer is published quarterly by the Media Council of Kenya with assistance from Ford Foundation. The views expressed in articles published in this publication are those of the writers and do not necessarily reflect those of the Media Council of Kenya.
Media Council of Kenya P. O. Box 43132 - 00100 Nairobi, Kenya Tel: +254 20 2737058, 2725032 Cell: +254 727 735252 Email: info@mediacouncil.or.ke Editorial Team Chief Executive Officer Haron Mwangi
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Editorial Board Joseph Odindo Mitch Odero Levi Obonyo Martha Mbugguss Otsieno Namwaya Consulting Editor Gathenya Njaramba Editorial Coordinators Victor Bwire Jerry Abuga
Contributors Amos Kibet Churchill Otieno Dorothy Kweyu Dr George Nyabuga James Ratemo Jane Godia Jerry Abuga Joe Kadhi John Gachie Kevin Mabonga Nyambega Gisesa Peter Mwaura Stephen Ndegwa Twalib Mbarak
Victor Bwire Wellingtone Nyongesa Photo Credits Moses Omusula Jerry Abuga Athman Omar Design & Layout Colourprint Ltd. Wireless: 020 2101740/41/42 Mob: 0722-203645 / 0733-203645 E-mail: info@colourprint.co.ke www.colourprint.co.ke
CEO’s Word
The media remains a critical player in national security
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he media often acts as the mirror to a society. It portrays the flaws, improvements and the aspirations of a people. It is a powerful institution that has made or broken nations. Journalists are first and foremost dedicated to finding out the truth and relaying it to their audiences for the pursuit of a greater good. They act in the public interest and that is the way it should always be.
So, what should the media do when the mirror depicts a huge crack and not everyone is amused to be constantly reminded of that deficiency? Does it close its eyes and lie to all and sundry that everything is well? Haron Mwangi Apparently, that is what proestablishment and the ruling class would want the Fourth Estate to do. That is why any government in the world would, at every opportunity, go lyrical on why scribes should play the patriotic card by sweeping some governance lapses under the carpet. Today, Kenya is grappling with numerous insecurity challenges including terrorism, made worse by infiltration of the Somali al-Shabaab militants. The group has claimed responsibility for several grenade attacks in Nairobi and Mombasa, which have killed and maimed dozens of Kenyans. They boasted of staging the Westgate Shopping Mall siege, which claimed some 67 lives, sending panic among Kenyan shoppers. There have also been killings in Lamu County, Tana River and Bungoma, presenting security agencies with a huge headache. Now, debate has raged on how the Kenyan media has covered security-related incidents and issues. Has it been faithful to the Code of Conduct for the Practice of Journalism in Kenya? Has it been socially responsible? Has it demonstrated enough patriotism while splashing the attacks for its audiences across all the platforms? Has it in any way, helped propel the terrorists’ agenda? Well, while there is no sole script on how to report terrorism related issues, there is heated
debate in newsrooms, classrooms and national security quarters on where the media may have crossed the line in its coverage of Kenya’s security challenges. In this April-June 2014 issue of the Media Council of Kenya’s quarterly magazine, The Media Observer, we focus on the theme; “Coverage of National Security in Kenya.” We have lined up brilliant media practitioners and scholars sharing their thoughts on how the Fourth Estate has behaved recently, covering security-related matters. While some have given the media a thumbs up, some have poured cold water on their omission or commission in the coverage of security. Others have given their weighted advice for Kenyan journalists on security issues, going forward. To mention just a few here, veteran scribe Joe Kadhi has given food for thought for the media, while tackling national security. He argues that with the increased threats to national security, journalists are on a delicate balancing act while informing the public and not fall into the trap set by criminal elements. Peter Mwaura warns journalists against giving terrorists or criminals for that matter, a platform while Jane Godia throws her piece of advice on what majority of sober Kenyans expect of the media on security coverage. Security consultant Twalib Mbarak pens an insightful piece on freedom of information versus State secrets. He says Kenyan journalists must learn quickly how to walk that thin rope. Stephen Ndegwa opines that it is time Kenyan media played its patriotic bit and avoid jeopardising Kenya’s very survival. Influential radio journalist, Wellingtone Nyongesa comes in with a heavy punch, demonstrating the huge disconnect between the newsroom and the classroom. Well, this is a hot offering for you, dear reader. Enjoy the ride and as usual, should it prick your conscience or even the funny bone, please feel free to share your take with us. Welcome, on board! Haron Mwangi Chief Executive Officer & Secretary to the Council
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President Kenyatta: Media
Freedom Comes with Responsibility
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or the second time in a row, the Media Council of Kenya hosted President Uhuru Kenyatta during celebrations to mark this year’s World Press Freedom Day in Nairobi. The President presided over the official opening of a Regional Journalist’s Convention organised by the council as part of activities to mark the day at the Kenyatta International Convention Centre on May 2, 2014. President Kenyatta reminded journalists to embrace responsibility while reporting, saying they had no absolute freedom over what they published or broadcast. “There is no room here for a freedom of the press that does not come with an equal challenge for the media to be responsible,” he said. He accused journalists of breaching their professional code of conduct by writing damaging stories and headlines, adding that some journalists overstepped their freedom by failing to check facts of their stories, hence damaging people’s reputation. “It is your job as journalists to check your facts, and after you have checked, to check again. It is your job as journalists to know what the law requires and to observe its demands. It is your job always to keep by your side your own code of conduct and to refer to it before your story is written,” he told media practitioners and academics gathered for the annual event.
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Jerry Abuga
The President said the government would use its powers to defend those who could not protect themselves against the media. “Where you fail in your duties to yourselves, your profession and your countrymen, then the State must and will defend those who have no other way of protecting themselves,” said the President.
practitioners, trainers, academics and policy makers from Kenya, Uganda, Rwanda, South Africa, Zimbabwe and Burundi among others. Kenyan delegates were drawn from the media, civil society, donor agencies, institutions of higher learning and Government agencies. A special group to this year’s event was the County Communications Directors.
President Kenyatta, at the same time, lauded the role played by the media in national development and encouraged it to take advantage of the freedom to operate. He defended his government against accusations of gagging the media, saying he had lived up to the Constitution by setting up regulations in the media industry.
Delegates at the two-day event deliberated on issues around media and development and specifically its role in nurturing open and participatory inclusive governance. Topics ranged from access to information, the rule of law as well as devolution in Kenya. The convention also affirmed Kenya’s lead role in the establishment of the East African Media Protocol within the East Africanisation framework.
Information and Communications Technology Cabinet Secretary Dr Fred Matiang’i reaffirmed the government’s commitment to press freedom, saying that a number of media legislations had been passed to guide media operations. Others who spoke were the Ministry of Information Communications and Technology Principal Secretary Mr Joseph Tiampati, Media Council of Kenya CEO Dr Haron Mwangi and the Media Council of Kenya Chairman Mr Peter Wakoli. The Journalists’ Convention under the theme: Media Freedom for a Better Future: Shaping the Post-2015 Development Agenda was attended by close to 500 delegates comprising media
In marking the World Press Freedom Day held annually on 3rd May, the Media Council of Kenya organises two events - the Journalists’ Conference which culminates into the Council’s Annual Journalism Excellence Awards that recognises and rewards professionalism in journalism. Jerry Abuga is the Communications & Information Officer at the Media Council of Kenya. jabuga@mediacouncil.or.ke
Media Council Launches Book on Radio Talk Shows
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he Media Council of Kenya has released findings of a study on radio talk shows in Kenya.
The report titled: Free Speech or Cheap Talk? gives a comprehensive assessment of the application of ethical standards and professionalism in talk radio in Kenya. Speaking when he launched the report at a Nairobi hotel, on May 20, 2014, the Media Council of Kenya CEO Dr Haron Mwangi said freedom of the press being enjoyed in the country has been abused by some sections of the media, by breaching some sections of the Code of Conduct for the Practice of Journalism. He urged radio talk hosts to
uphold professionalism by adhering to the ethical standards during their shows, saying the societal moral fabric is being affected by vulgar messages uttered during such shows. Dr Mwangi called upon the Communications Authority of Kenya to formulate and implement a code of regulation to guide radio talk shows. He also encouraged all journalists in Kenya to familiarise themselves with the Code of Conduct for the Practice of Journalism as enshrined in the Second Schedule of the Media Council Act 2013. The Media Council of Kenya commissioned a study following numerous complaints from the public and stakeholders on adherence
Kevin Mabonga
to professional ethics of radio talk shows in Kenya. Specifically, the Complaints Commission of the Media Council of Kenya continues receiving complaints over blatant breaches by radio talk show hosts of the Code of Conduct for the Practice of Journalism. Some complaints have bordered on the quality of moderation, caller comments, inappropriate topical discussions, sensationalised and often immoral contributions as well as blatant disregard of professional standards. Kevin Mabonga is a Communications Intern at the Media Council of Kenya. kmabonga@mediacouncil.or.ke
Media Council of Kenya CEO Dr Haron Mwangi peruses the report on radio talk shows during the launch.
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Media Council Partners in Addressing Safety of Journalists
The Media Council of Kenya and the Kenya National Commission for UNESCO (KNATCOM) workshop on safety of journalists at the African Institute for Capacity Building (AICAD), Jomo Kenyatta University of Agriculture and Technology in Juja.
Jerry Abuga
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he Media Council of Kenya and the Kenya National Commission for UNESCO (KNATCOM) held a workshop on capacity building for media professionals, government agencies/officials and other stakeholders on the UN Plan of Action on the Safety of Journalists from 26th to 30th May 2014 at the African Institute for Capacity Building (AICAD), Jomo Kenyatta University of Agriculture and Technology in Juja. The training targeted journalists from Kiambu, Nyandarua, Meru, Embu, Isiolo, Mwingi, Makueni and Nairobi counties.
attending the 26th & 28th May session and the second group attending the 29th & 30th May session. The workshop was jointly opened by the Media Council of Kenya CEO Dr Haron Mwangi and the KNATCOM Secretary General and CEO Dr Evangeline Njoka.
The workshop was geared towards promoting a free and safe environment for journalists with a view of creating an informed citizenry capable of strengthening peace, democracy and development in Kenya.
Some of the topics covered included: Unmasking the UN Action Plan on Safety of Journalists, freedom of expression and national security, emerging issues in the media today and an overview of the safety study by the Media Council of Kenya. The participants were also taken through practical lessons in addressing safety and security challenges as well as preparation of Safety and Security Plans.
The training that involved 50 participants was attended by journalists from the mainstream media, community/vernacular media, freelancers as well as Information Officers [from the Ministry of Information Communication and Technology] and County Communication Directors. The 50 participants were grouped into two with the first batch
Participants acknowledged that journalists faced numerous safety and security challenges as they went about their duties. Some recounted cases of intimidation arising out of their reporting/ coverage of issues in their areas of operation. They called for enhanced involvement of the key players [the Media Council of Kenya, KNATCOM, security
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agencies and the UN] in addressing the security challenges together. The Media Council of Kenya collaborated in the training by virtue of its membership of the KNATCOM Communication and Information programme and Expert Committee. The UN Plan of Action on the Safety of Journalists and the Issue of Impunity was endorsed by the UN Chief Executives Board on 12 April 2012. The Plan was prepared during the 1st UN Inter-Agency Meeting on this issue, convened by the Director General of UNESCO at the request of the Intergovernmental Council of the International Programme for the Development of Communication (IPDC). The Plan of Action aims to create a free and safe environment for journalists and media workers, both in conflict and non-conflict situations, with a view to strengthening peace, democracy and development worldwide. Jerry Abuga is the Communications & Information Officer at the Media Council of Kenya. jabuga@mediacouncil.or.ke
The Media Council of Kenya Public Media Literacy Forum at Seasons Hotel in Narok town on 21 June 2014.
Media Council Holds Public Forum in Narok
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n its continued efforts to educate the public on media and its performance, the Media Council of Kenya held a Public Media Literacy Forum at Seasons Hotel in Narok town on Saturday 21st June 2014. At the meeting, the Council disseminated two Media Monitoring reports: A report on Radio Talk Shows and another on Media Coverage of Governance. Addressing the over 100 participants, the Council’s CEO, Dr Haron Mwangi singled out access to information as the main challenge facing journalists. He urged county governments to work with the media to enable citizens access important information. He underscored the power of the media in society and called upon journalists to embrace responsible and informed journalism. “Some journalists cover live events yet they do not have background information about the same,” Dr Mwangi pointed out. He advised journalists to carry out in depth research on
an area before covering or writing a story. This, he said, would leave the audience in a more informed position. Journalists were also cautioned against taking bribes in what he described as a “white envelope era” which he said, has destroyed the reputation of the profession. Dr Mwangi outlined the Media Council of Kenya’s commitment to promote responsible journalism through a number of initiatives including its Complaints Commission, which deals with media related disputes and accreditation of journalists working in Kenya to guard against quacks. He announced plans to undertake the accreditation of all universities and middle level colleges offering mass media and communication courses in Kenya. The Council’s Deputy CEO and Programmes Manager Victor Bwire advised institutions offering journalism and media studies to give their students practical experience to prepare
Kevin Mabonga
them fully for the job market. He encouraged journalists to adhere to the Code of Conduct for the Practice of Journalism which is provided for in the Media Council Act 2013. A participant at the event, Pauline Kinyakuoo, petitioned the Media Council to take action against corrupt journalists, saying they have spoiled the reputation of the profession. Leaders who attended led by Narok Town Member of the County Assembly Bernard Parsaloi commended the Media Council of Kenya for organising the forum and more so for launching the Media Coverage of Governance report. Mr Parsaloi urged the Media Council of Kenya to fight for better working conditions of journalists for them to effectively perform their duties. Kevin Mabonga is a Communications Intern at the Media Council of Kenya. kmabonga@mediacouncil.or.ke
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Inspector General of Police Mr David Kimaiyo speaking to journalists.
Food for thought on the Media versus National Security
Joe Kadhi
With the increased threats to national security, journalists and journalism scholars have been greatly challenged by the need to inform the public and not fall into the trap set by criminal elements. Striking the right balance is the call for journalism, argues JOE KADHI.
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ver since terrorists made Kenya one of their targets, journalists in this country have had such a field day as to create a special challenge to journalism scholars discussing the coverage of national security in relation with the adherence to the ethical principles of the profession. Apart from the Code of Conduct for the Practice of Journalism in Kenya, all practitioners are expected to be familiar with the various laws, regulating coverage of sensitive issues such as national security. Above all laws, of course, is the Constitution itself, which apart from guaranteeing freedom of expression, is specifically calling on all practitioners to understand that the right to freedom of expression does not extend to propaganda for war; incitement to violence; hate speech; or advocacy of hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm.
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Looking at all these requirements makes any interpretative journalist realise the various measures drafters of our Constitution took to safeguard the country’s security. Needless to say, journalists in Kenya are also expected to understand provisions of Chapter 14 of the Constitution on national security especially Article 238 (1) which describes principles of national security as the protection against internal and external threats to Kenya’s territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests. May be more than anyone or any group of people, journalists in Kenya, are expected to know that national security should be promoted and guaranteed in accordance with the principles that demand it to be subject to the authority of the Constitution and Parliament and be pursued in compliance
with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms. This therefore means journalists are expected to understand there are laws that may restrict the manner in which stories relating to national security may be presented to readers, viewers and listeners such as the Prevention of Terrorism Act 2012, and the National Intelligence Service Act, 2012. According to section 27 of the Prevention of Terrorism Act 2012, for example, a person who publishes, distributes or otherwise avails information intending to directly or indirectly incite another person or a group of persons to carry out a terrorist act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years. Likewise, Section 33 (1) of the National Intelligence Service Act says the freedom of expression set out under Article 33 of the
Constitution may be limited in respect of a member of the Service under the conditions set out in subsection (2) and that the limitation of the freedom of expression shall be to the extent that it is done in the interest of national security, public safety, public order, public morality or public health. The manner in which sensitive events such as the Westgate terrorist attack and assassination of religious leaders or the attack on churches in Mombasa have been covered by the local media, have made it look like there is a conflict between the national security and freedom of the Press. Indeed some journalists have claimed to have come up with exposés that contradicted the official version of the Westgate terrorist attacks. To discuss the perceived conflict between national security and freedom of expression is basically to look at the whole issue of secrecy and whether journalists have any business imposing some form of self-censorship while reporting on security matters to protect those in power. Gabriel Schoenfeld, a Senior Fellow at Hudson Institute in Washington and of author of Necessary Secrets: National Security, the Media, and the Rule of Law, says the problem of secrecy is double-edged and places key institutions and values of American democracy into collision. According to the scholar, America operates under a broad consensus that secrecy is antithetical to democratic rule and can encourage a variety of political deformations. He argues that the potential for excessive concealment has grown more acute as the American national security apparatus expanded massively in the decades since World War II, bringing with it a commensurately large extension of secrecy. With huge volumes of information pertaining to national defence walled off from the public, he contends, secrecy almost inevitably has become haphazard. He maintains that secrecy can facilitate renegade governmental activity, as we saw in the Watergate and the Iran-Contra affairs. To him it could also be a breeding ground for corruption, he concludes. In his book Who Watches the Watchmen? published by the National Intelligence University in 2011 following the largest unauthorized disclosure of classified information in US history, which is referred to as WikiLeaks, Gary Ross says government officials, particularly those affiliated with the Intelligence Community (IC), believe that incidents of unauthorised disclosures must
Security forces on patrol.
be reduced due to their harm to national security. While these officials recognise that unauthorised disclosures may produce a more informed citizenry, he argues, they believe the overall public interest in preserving national security will outweigh any potential benefits in almost all instances.
Kenya is in a peculiar situation at the moment without a freedom of information Act even though the Constitution calls for the right of everyone to enjoy access to information held by the State; and information held by any other person who is required for the exercise or protection of any right or fundamental freedom. Kenya is in a peculiar situation at the moment without a freedom of information Act even though the Constitution calls for the right of everyone to enjoy access to information held by the State; and information held by any
other person who is required for the exercise or protection of any right or fundamental freedom. Before the country comes up with the act, journalists will continue to publish what they believe to be exposés which fall within the right of the people to know. Whether or not that information is good for state security will remain a matter of opinion. All governments, including the Government of Kenya, become extremely angry whenever journalists publish stories that expose national security. Under normal circumstances, like I have explained above, there is no shortage of laws to prosecute suspected journalists. Writing about American Government’s possibilities of prosecuting such journalists, Derigan A. Silver, an assistant Professor in Department of Mass Communications and Journalism Studies at the University of Denver, reminds professionals in the US, who are ostensibly protected by First Amendment rights, that on May 21, 2006, while appearing on ABC’s This Week TV programme then Attorney General Alberto R. Gonzales raised the possibility of New York Times journalists being prosecuted for publishing classified information about the National Security Agency’s surveillance of terrorist related calls between the United States and abroad. Discussing the pros and cons of Gonzales’ threat, Prof Silver says though the AG’s statement was alarming, and raised troubling concerns of the conflict between national security, government secrecy and freedom of expression; it was in fact nothing new. He maintains it is important to note that in the years following September 11, 2001, the US April - June • 2014
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government took a number of extraordinary steps to increase secrecy, all in the name of promoting national security. It will not be surprising at all for authorities in Kenya to take similar steps following an escalating trend of increased terror attacks. Silver asserts that the administration of President George W. Bush was notably secretive even before the terrorist attacks. According to him the US government created secret military tribunals, ordered court proceedings closed to the public, claimed executive privilege in a wide variety of situations, and increased the use of the state secrets privilege to prevent the disclosure of national security information in court proceedings. Paradoxically if Kenya was to take any of these measures in the name of State security, the US would most probably be among the first to condemn it. But whether Kenya takes those steps or not the challenges about disclosure of state secrets have become even more serious to every country including the advanced nations because of technological advancements in the digital age. Discussing this problem in an article published in Journal of National Security Law and Policy of 2011, Vol. 5:119, Mary-Rose Papandrea, who is an Associate Professor, Boston College Law School, says new technology has made it much easier to leak and otherwise disseminate national security information. Yet, she maintains that at the same time, leaks continue playing an essential role in checking governmental power and often make invaluable contributions to America’s public debate. According to her, WikiLeaks prompted a renewed debate concerning when the disclosure of national security information by nongovernmental actors should be protected, both as a policy matter and as a matter of constitutional law. One dominant theme in the discussion of how to strike the balance between an informed public and the need to protect legitimate national security secrets, she argues, is whether new media entities like WikiLeaks are part of “the press” and whether they are actually engaging in journalism. In that thought provoking article she concludes that as the gathering and distribution of news and information becomes more widely dispersed, and the act of informing the
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public more participatory and collaborative, determining who is engaging in journalism and what constitutes the press will become increasingly difficult. This is definitely why it is extremely important for the Media Council of Kenya to fight tooth and nail to maintain its authority as the sole institution that spearheads the process of professionalisation of journalism in Kenya. Kenya is today going through a sensitive period when terrorists believe it is vulnerable and security forces think dissemination of sensitive information should be done in the most cautious manner. Advocates of freedom of expression in the marketplace of ideas, however, believe it is at times like this when sensitive topics should be a subject of public debate. Among such advocates are professors Douglas M. Fraleigh of California State University and Joseph S. Tuman of San Francisco State University who believe that in a democratic government, the people decide whether the justifications that their leaders advance for fighting a war are accurate and acceptable. Even at times when a country is at war, the two professors believe the people should debate whether security forces are fighting the war in a manner that is effective and ethical. To them citizens who oppose the war should be free to express their viewpoint without being deterred by government surveillance. In their book Freedom of Expression in the Marketplace of Ideas published in 2011, the two scholars argue that the people are entitled to have access to government information about the reasons for war and the progress of the war so that they can make good decisions about whether the conflict is worthy of their support. Despite their liberal views they accept that governments and their supporters can always argue that the marketplace of ideas needs to be constricted in times of crisis. Like many Kenyan leaders, they contend that national security must first be guaranteed before “subordinate” values such as free expression can be protected. Advocates of this perspective, conclude the two professors, contend that during war it is the patriotic duty of every citizen to support the troops, the war effort, and the commander in chief. To them criticism of the war effort hurts the morale of forces, and a divided nation emboldens the enemy. That is the kind of argument that
Kenyan leaders use in support of our troops in Somalia which could also be a subject of media conducted debates. This debate is taken a level higher by a yet another scholar, Lawrence McNamara, who teaches law at the University of Reading, UK. In his informative article Counter-Terrorism Laws and the Media: National Security and the Control of Information published in the Spring edition of Security Challenges, vol. 5, no. 3, pp. 95-115 he says liberal democracies are faced with a task that is presently very troubling: they must balance traditional commitments to media freedom with the secrecy and closure that is often demanded by national security needs. He elaborates that on the one hand there must be access to information and an ability to publish without fear of prosecution. To him at its best, the media plays the role of watchdog - the Fourth Estate that holds all branches of government to account. And on the other hand, the State and its citizens have a legitimate interest in national security. He argues that interest will at times demand that information is not made available to the media, in which case publication will be restricted or prevented, and the criminal law will be used to enforce these limits on media freedom. The legal scholar concludes that in general terms, two main legal strategies are employed to limit media freedom. First, there are laws designed to prevent the media obtaining information. And secondly, there are laws aimed at preventing publication so that, in the event information is obtained, the media cannot disseminate that information. He suggests that as well as creating direct obstacles, the fact that there will be penalties for breaching the laws may have a chilling effect on the media, and proposes that media organisations may engage in a form of selfcensorship by erring on the side of caution, especially when making decisions about what should and should not be published. These are all food for thoughts for the media fraternity in Kenya when it comes to publishing and broadcasting stories about national security. Joe Kadhi is a former Managing Editor of the Daily Nation, currently a lecturer at the United States International University. joekadhi@yahoo.com
Media is no platform for criminals or terrorists!
Peter Mwaura
Coverage of insecurity has elicited varied opinions for a long time and it is time we asked the question: Does it embolden criminals and terrorists? Veteran journalist PETER MWAURA takes us through this debate.
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unctions of the media include surveillance – providing information about what is going on – and creating awareness as well as establishing priorities and perpetuating issues. Thus in covering crime and insecurity, the media plays an important role in social construction of reality. Media reporting of crime and terrorism has a direct relationship with the public perception of insecurity and influences the modus operandi of criminal and terrorist gangs. It is not for nothing that authorities seek to regulate or control media coverage of incidents of crime and terrorism.
But does the coverage of insecurity embolden criminals and terrorists? Should the media coverage of insecurity be regulated, censored or filtered in order not to encourage and inspire criminal and terrorist gangs? Various studies around the world have established that unbridled media coverage particularly of terrorist attacks give the perpetrators the attention they seek and a platform to prosecute their propaganda, as well as information they can use to sustain the attack or prosecute future attacks. There is
also no doubt that unbridled media coverage can give criminals, such as kidnappers, information they can use to perpetuate the crime or avoid arrest. At the very least, media coverage of criminal acts, especially if the acts are dramatic and successful, gives the perpetrators the publicity they often desire to cheer them on. The 11 September 2001 deadly attacks on the World Trade Centre in America in which some 2,750 people were killed no doubt emboldened members of al-Qaeda that carried out the April - June • 2014
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attack and forced the US to launch a worldwide effort to combat terrorism. A 2005 study titled “Media and terrorism” by the Council of Europe states that modern terrorism is media terrorism. “The media are attracted by extreme terrorist acts not only because it is their duty to report on any major event but also because, at the same time, the dramaturgy of terrorism attracts large scale attention. Today’s terrorists have picked up this dynamic and take action not only to make their victims suffer but also create maximum attention around the world. Terrorists have become ‘media competent’ by knowing and applying principles of attracting media attention in most of their activities,” the study says. But the study goes on to warn that terrorism should not affect the importance of freedom of expression and information in the media as one of the essential foundations of democratic society. “This freedom carries with it the right of the public to be informed on matters of public concern, including terrorist acts and threats, as well as the response by the state and international organisations to them. The fight against terrorism should not be used as an excuse by states to restrict the freedom of the press. As far as journalists are concerned, they should avoid playing into the hands of the terrorists by restricting the dissemination of graphic photos and oversensational information.” The study adds: “The media face a complicated task to strike the right balance between their duty to inform the public and the danger of becoming tools in the hands of terrorists. They have to manoeuvre between obstacles to access to information imposed (rightly or wrongly) for security reasons and their own understanding of the thin line between the public’s right to know and an efficient fight against terrorism.” Locally, a study by the National Steering Committee on Media Monitoring reported in June 2014 that the local media compromise national security by the insensitive way in which they cover incidents of insecurity including crime and terrorism. It called upon the media to report responsibly and avoid elaborate coverage of matters on national security that could give leverage to terrorists and criminal elements.
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The chair of the Committee, Mary Ombara said: “We want the media to be careful in their reporting. This is not in a bid to muzzle the media but to ensure what they report does not cause more harm to the public than already done.” The Committee further wanted the local media to borrow a leaf from the media in other countries where, she claimed, they agree with authorised security agencies on areas to be covered so as not to compromise national security. She recommended that the media should critically analyse its approach to coverage of insecurity issues so as to avoid providing criminal gangs and terrorists information they can use to their advantage.
The media coverage of crime and terrorism can influence public opinion and public debate on matters of security including crime and terrorism. There is no question that the media have great power in providing information on what is going on. That power can be deleterious when they report issues of insecurity sensationally or with unnecessary details that, among other things, inspire and give heart to perpetrators of crime or compromise public or national safety. At the same time, the media has a social and professional responsibility to provide surveillance and awareness. This calls for a balancing act in which the media fulfils its watchdog role in society and as the Fourth Estate on the one hand and as a responsible provider of news and information on crime and terrorism on the other hand. By the way the media reports crime and terrorism, they can animate and inspire criminals and terrorists. In Kenya, the way the media reported the terrorist attack on the Westgate shopping mall in September 2013 remains a classic example of how media coverage can embolden perpetrators of crime. Al-Shabaab, the terrorist organisation that claimed credit for the attack, had a field day
in the media, including the social media, attracting public attention to their cause and objectives. The media coverage of crime and terrorism can influence public opinion and public debate on matters of security including crime and terrorism. The influence can be negative if the media do not place the stories in context and avoid over-dramatisation and exaggeration or over-reliance on the perpetrators of a crime as sources of information. The presentation of crime and security issues in the mass media should promote an anti-crime climate, not to give comfort and courage to criminals let along advantage over security forces. At the same time, the media have a duty to report crime truthfully and accurately, giving the nature and extent of the crime. The media should inform the public on the reality on the ground and the dangers and risks the public faces. But there is another home truth: The people’s knowledge of and attitude towards a criminal or terrorist attack depend largely upon the way the media report the attack. In a very real sense, what is not reported in the media does not exist. The media can therefore do a lot by reducing the possibility that criminals and terrorists will derive comfort, inspiration and courage from media coverage of their bad deeds. To begin with media practitioners should adhere to the Code of Conduct for the Practice of Journalism in Kenya by keeping the public informed without contributing unduly to the aims of criminals and terrorists and avoiding sensational news and images that help criminals sustain their activities. Indeed, media professionals should be aware of the sensitive nature of media reports on crime and terrorism and should in particular not offer terrorists a platform for publicity and self-aggrandisement. Peter Mwaura is a Senior Lecturer at the Department of Communication and Journalism, Kenya Methodist University and a member of the Media Council of Kenya’s Complaints Commission. gigirimwaura@yahoo.com
Interior and Coordination of National Government Cabinet Secretary Hon Joseph Ole Lenku flanked by the Inspector General of Police Mr David Kimaiyo [right] addresses the press in Nairobi.
What do Kenyans expect of Media on Security? Besides reporting on the events, Kenyan journalists must always go behind and unearth the real causes of conflict and package background information, writes JANE GODIA.
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he media being the watchdog of society has been touted for its critical role as an agent for social change and transformation. It also educates, informs and corrects misconceptions and creates a better understanding of a situation. In pro-active news gathering, the media can take control of the flow of information by conceiving their own story ideas, hunting up events for coverage or defining problems for coverage and agenda setting. They can also gather news by questioning the message of the sources and researching causes, consequences and context. However, in Kenya journalists face challenges just as do others throughout the world because
Jane Godia
the audience seems to determine the way they are going to express events. According to Peter Oriare, Rosemary Okello and Wilson Ugangu in The Media We Want: The Kenyan Media Vulnerabilities Study (2010), “Kenyan audiences can access diverse media choices but these are heavily fragmented.” They note that “audience habits, preferences and patterns affect media behaviour”. While the media can play an important role in monitoring how security and intelligence is working and can help in providing security officers with information, journalists who report on security have faced various challenges when executing their duty.
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According to James J. F. Forest in Homeland Security: Public Spaces and Social Institutions (2006), the media plays a crucial role in shaping public perception about certain threats to security such as terrorism. Forest notes that news media is selective in its news coverage. “It is impossible to give equal coverage or even report on everything that is news worthy because news coverage involves choice and that choice is based on what the public is interested in or what news organisations believe will increase ratings and readership.” Reporting on security matters must come with a certain level of expertise and this has been found to be lacking in many journalists. If a journalist needs to be thorough and analytical in covering security, they should conduct investigative stories that are more often than not, dangerous and not easy to penetrate. They must also have sources conversant with security with whom they can quote. However, lack of expertise on security issues gives its reporting a shallow perspective because in-depth analysis that is needed is lacking. The journalist also faces challenges of getting information from intelligence and security forces whose activities are more often than not shrouded in secrecy while at the same time expecting public support. In Kenya, like in most countries around the world, covering security matters enables members of the public get the right information about the situation in the country, but when security apparatus are found to have failed, they blame journalists for exposing them. There is also the fear of being attacked or killed if one reports wrongly or reveals too much because security involves military or police. This then places the journalist in a catch 22 situation. Terrorism is one aspect of security challenging for the media to report fairly and accurately on because of its sensationalism and unfortunate importance in today’s world. While the Government is supposed to provide more information on matters related to security for media to report on, this does not happen. The Kenya Red Cross has become the major source of information and authority in giving information related to security. They end up being quoted by media while the Government, through the county commissioners and security apparatus,
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remain mute.
police and the Kenya Defence Force.
Voices of experts in security matters are also noted as missing in most stories. Even within security there are experts in certain fields, so the media should not just quote or get anybody to give their views on security while the area of concern might not be relevant to their expertise. For example, terrorism is a special area that would require a specialist.
Media was threatened with arrest even where they exhibited professional responsibility by trying to display or bring to the fore the unforeseen events within Westgate. Members of the public felt hat the media did well in reporting Westgate but blamed he Government for failing to communicate well for the media to translate the much needed information.
For instance, Forest notes that the coverage of September 11 were comprehensive for the American public. This is a time when television cameras caught real time images of the passenger planes crashing into the twin towers, exploding into a ball of fire, images of the towering structures crumbling into rubble, destroying whatever was in their wake.
Members of the public believe that while the media plays an important role in giving them information, they do not feel that they are getting everything. This can also be equated with the coverage of the Westgate attack of 2012 or the 1998 bombing of the American embassy, both events having taken place in Nairobi. While reporting Westgate was a challenge for Kenyan media, it must be noted that what was initially thought to be a robbery incident turned out to be a terrorist attack. Not many journalists have been trained on reporting conflict or terrorism and are therefore not good in reporting security issues. Senior media people note that the way Kenyan journalists report on all aspects of security is shallow compared to other international media such as CNN, BBC and Al Jazeera. While the Kenyan media tried not to compromise the Westgate situation or their ethical obligation, they at the same time came under scrutiny for having attempted to remain neutral and unattached. By exhibiting objectivity, neutrality and impartiality, raising questions where necessary, and trying to get answers they still met challenges and were accused of not being patriotic. The country’s security apparatus was particularly not happy when the media reported on the faults of the
The United Nations Human Settlement Programme (HABITAT) in the report Enhancing Urban Safety and Security: Global Report on Human Settlement notes: “The perception of insecurity depends largely upon flow of information that residents receive many sources.” The report notes that the content and style of the media, whether newspaper or television, have an enormous impact on public perception of the conditions that people believe are prevalent within their environment. Whether these perceptions are exaggerated or not, they depend upon individual media sources, how the stories are communicated and how public authorities respond. The report notes that in the era of global communications, the role of the media is central in both local and international perceptions of safety and security. However, the report notes that globally media practices seem to build upon promoting a “culture of fear”, in order to sell newspaper or guarantee television audiences. This is also reiterated by Kenyan public who note that the media is more concerned with the shock effects that something bad has happened but lack follow up. It is, therefore, noted that the media has been scary in the terms that they portray a security or insecurity issue. Follow up especially on stories that are related to security are noted by a number of Kenyans as missing on the stories rendered by the Kenyan media. They are accused of failing to give background information and follow up on stories to conclusion. Members of the public believe that while the media plays an important role in giving them information, they do not feel that they are getting everything. They said media reports are shallow and journalists fail to build stories on security with background information. “The media just reports passing information
from one end to the other such as from police to members of the public, acting more like a conveyor belt.” The killings in Tana River in 2012 are one glaring example where the public feels they do not know what happened yet many people were killed. They feel the media needed to have addressed what provoked the violence in the first place. With this, they also note that the media has failed to link events of sporadic violence that take place in the country which are equally important security matters. The media is then accused of never giving answers as to why certain things are happening. The only way that members of the public are able to get information is through exposes but these come much later. It is like the public is expected to fill in the blanks that the media failed to give in their story.
The media is accused of failing to focus on issues that could affect women and girls, a special constituency when it comes to security. These include issues of sexual and gender based violence. The Media We Want: The Kenyan Media Vulnerabilities Study (2010) notes that news aims at providing objective facts to the public to enable them make informed decisions on a variety of issues. “News tells the public what has occurred, what is occurring and what is most likely to occur.” The public note that the media has often failed to come out clearly on certain security issues such as travel advisories. It is noted that the mainstream media never has any information on these and members of the public only get the information through social media. Many times, it is noted, the media exaggerates issues even when there is no cause for alarm. The way the media raises issues makes people have a perception about an area that could be wrong. For instance, the media has portrayed Kisumu city as a place that is insecure, while this is not true. While there are times when the public feel that the media is fast in letting them know
what is going on, there are also times when the public feels short-changed. These are occasions when some communities think that the media is not projecting issues the way they would want. The public is of the opinion that even when a major tragedy has happened, the media never finds it necessary to interview women and get their voice on issues of security. Even in terms of the deaths, the media has often failed to give sex disaggregated data. It is only in the Mpeketoni attack that the media was able to state that all those who were killed were men. The media is accused of failing to focus on issues that could affect women and girls, a special constituency when it comes to security. These include issues of sexual and gender based violence. The public feels that getting voices of important constituencies other than women such as county peace committees are important as they form relevant sources and could give more background information to security issues. The same applies to voices of psychologists who could explain why certain actions are taking place. For example, when bodies were discovered in a mass grave in Kitengela, Kajiado County, a psychologist should have been asked to try and explain why such events had taken place. The media, in their stories, should also include the psychological effects of insecurity on people around the place that is not secure. The media has been accused of not taking the security apparatus to account for the insecurity that the county is feeling. An example is given of a bomb being thrown onto a moving bus. This is an insecurity issue that intelligence and security of the country needed to be responsible for. What such actions indicate is that intelligence gathering is not being done properly.
Members of the public feel that media can help in highlighting places that are not safe which need security to be enhanced. They say the media fails by not providing early warning to inform members of the public about places that are dangerous and should be avoided. While the need to break a story or have an exclusive overrides in most media houses, at times this leads to compromising of security, where instead of publishing a story, the media should first report tips of insecurity to intelligence. For instance, when someone says he was ‘hired to bomb certain places’, the media should give the security and intelligence officers this information to enable them handle the case before they publish the story because most probably the suspect will escape and probably go to do more damage than if he or she is arrested. Recently in the Nation online there was a story of man who confessed about being recruited into a terror cell in Mombasa. This information should have been shared with the intelligence officials before being published. As it is, most likely perpetrators of insecurity will disappear on reading it. A good journalist reporting on security should use his/her eyes and ears to pick the first information. This journalist should be a curious person interested in getting information on good and bad in society. The journalist must have a nose for unjust activities or activities conflicting with the law/ conflicting with good moral. Jane Godia is a Gender and Media Expert and serves as Managing Editor at African Woman and Child Feature Service (AWCFS). jgodia@awcfs.org
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Freedom of Information versus State Secrets It is tough balancing the need to know and guarding against threatening national security, but Kenyan media must walk that tight rope, argues TWALIB MBARAK.
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he Kenyan Constitution guarantees every citizen the right of access to information held by the state. On the other hand the Government flow of information requires information to be classified so that access to information is restricted on ‘need to know’. This is common in security organs and there is debate whether restriction on information flow is necessary. The public believes it is the right of every citizen to know everything in Government while the Government says there are limitations on what information should be
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consumed by the public. There is no doubt both parties have a point. The big question is; what is the boundary between freedom of information and state secrets? We also need to know the merits and demerits of classifying state information. Based on the constitutional rights, can a Kenyan walk to Ministry of Defence and ask for the battle plan of KDF in Somalia? Can you walk to NIS and ask for information on how their anti–terror units hunt for terrorists? The answer is obviously NO. Even in the most democratic countries, there is a
limit of disclosure of information from state security organs. The infamous wiki-leaks have embarrassed the United States government. Snowden leakages have embarrassed the US government too. Imagine the Germans have now known that their Chancellor was secretly being monitored by the US government spy agency. The biggest challenge is; how do we balance on the interest of a common citizen in acquiring security information and state secrecy? We have classical cases ranging from Kenya to USA, Britain and South Africa. There is a
general observation in Africa that most senior personnel in state security organs retire as wealthy persons thanks to impunity and corruption, which thrive under state secrecy. State secrecy also encourages serious human rights abuse. The Special Branch and the Kenya Police were misused by senior politicians in past regimes to suppress the freedom of political activists on the excuse of safeguarding state security. In early eighties there was a big scandal in the US known as the Iran–Contra Affairs. The scandal involved the secret sale of weapons to Iran by the US where few top security officials were put on spot. The arms sale was to achieve two objectives, persuade Iran to release America embassy hostages in Teheran and raise funds secretly to finance the war against the communist regimes in South America.
Chen would have been freed due to lack of sufficient evidence. One of the biggest problems with state secrecy is breeding of corruption and impunity under the guise of national security. Apart from corruption, state secrecy has created an abuse of power within state security organs which include chronic nepotism in employment, tribalism, and indiscriminate promotions. In Kenya, the Anglo Leasing ghost is still with us. This project was a consortium of security tenders focusing on the immigration, the military and the police and now we are told the intelligence. The scandal took place amid the excuse of state secrecy and national security. If these projects were made public, the media which is known to be vibrant could have observed that there were shoddy deals in the cooking.
In Britain, there was sale of weapons which included missile systems and fighter aircraft to Saudi and out of this deal millions of pounds were said to have been paid secretly to a Saudi Monarchy, the former Saudi Ambassador to US, Prince Bandar. The British government suspended investigations over this matter after Saudi government threatened to shift the arms deal to France.
The Israeli military is secretive but at the same time friendly to the media.
Britain was going to lose billions of pounds and massive job cuts if this deal was suspended. Up to date, the real information of this matter has not been picked by the media as Britain insisted all the information was classified due to strategic national interests. In short, Britain closed its eyes over suspected corruption for national interests.
In investigations we say that out of every one case you detect nine are undetected. How sure are we that there are other Anglo Leasing types of scandals in Kenya that have not been detected by the public? And if this is the case, how many billions have we lost since independence under the guise of state security.
The Director of the Serious Fraud Office, SFO wrote to the Attorney General to inform him that the SFO was dropping the investigations and would not be looking into the Swiss bank accounts, citing “real and imminent damage to the UK’s national and international security and would endanger the lives of UK citizens and service personnel”. In Taiwan, former President Chen Shui-bian was jailed in 2009 for corruption and abuse of office. The successful prosecution was attributed to declassification of government documents, which aided investigations. According to the investigators, their work became easy and there was no way the president could defend himself after the declassification of the documents. This case confirms clearly that state secrecy breeds corruption. If there was no declassification,
observe some gaps focusing their level of understanding on military, intelligence and police issues. Today, the media relies on the so-called security experts but a close scrutiny confirms that many of them are not professionals. In reputable international media houses, you find military/security correspondents. These journalists are conversant with security matters. Our journalists should also specialise on security matters. It sounds awkward for a journalist to call an army General a Major since he is not conversant with military ranks. Journalists must take time to familiarise themselves with weapons, explosives and other armaments. State security organs must have a clear way where the public can access information without compromising national security. However, the media need also to balance between its interests and state security. Any government no matter how democratic it is has secrecy for national interests. The media must be able to balance knowing it is a strong tool and if misused or misguided under the banner of freedom of information, it can be lethal. The genocide in Rwanda and the holocaust in Germany were mainly contributed by unguided media propaganda. To some extent the 2008 political violence in Kenya had an element of media and in particular vernacular stations. Kenya’s media and the security organs need to borrow a leaf from Israel. The Israeli military is secretive but at the same time friendly to the media. The interaction between media and state security hierarchy is open. The journalists are taken on state security awareness programmes and sensitised how to handle the information they get to ensure it doesn’t harm national security interests. Kenya needs to take a similar approach where the media and state security organs interact for mutual benefit. It is said that responsibility minus accountability is equal to corruption.
Kenyan media coverage on security matters has equally not been the best based on international standards. This may be another debate but we can give few examples to prove this. Generally, Kenyan journalists are aggressive and they love their work. But when covering security issues, you
Twalib Mbarak is security consultant and a certified security management professional. bartaza16@yahoo.com
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Reconciling National Security Interests with Media Independence The Kenyan media, in face of the rising threats to security, should play its patriotic bit by carefully and deliberately sharing out information that should in no way jeopardise Kenya’s survival, argues STEPHEN NDEGWA.
Stephen Ndegwa
The Inspector General of Police Mr David Kimaiyo [right] at a press briefing.
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National security” ranks among the critical priorities for any government the world over. Although there is no single universally accepted definition of this term, national security (NS) is generally defined as the requirement to maintain survival of the nation-state through the use of economic power, diplomacy, power projection and political power. A definition in the online version of the Macmillan Dictionary defines NS as “the protection or the safety of a country’s secrets and its citizens”. German empiricist, Max Weber, describes the state as a compulsory political organisation with a centralised government that maintains a monopoly of the legitimate use of force within a certain territory. Basically, it is the civil government of a country. Some accounts trace the origin of NS to the Peace of Westphalia (World War II treaty) which gave
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birth to the notion of a sovereign state ruled by a sovereign in a new international order of nation states. According to US Legal Inc., NS refers to the protection of a nation from attack or other danger by holding adequate armed forces and guarding state secrets. The term encompasses various types of security including economic, monetary, energy, environmental, political, military and natural resources. With the massive proliferation and importance of the Internet across all spheres of life today, Cyber security has been adopted as an integral part of NS.
accountable in the way it handles its business of disseminating news and information. Indeed, the term Fourth Estate places the media as part of the state after the Executive, Legislature and Judiciary.
Professionalism and independence are two cornerstones in the foundation of journalism, and the media as a whole. For the media to enjoy independence, it must operate using established standards which include checks, balances and ethics. It presupposes a situation where the media is responsible and
States Article 19: “It is only logical that when a situation arises which threatens the continued existence of the state, and thereby of the human rights of the entire population, international law permits certain proportionate measures to counter that threat. This includes restrictions on
Globally, the state and the media are perennially at loggerheads especially on the latter’s fight for freedom of expression. According to the media rights organisation, Article 19, international law recognises the cardinal role of the state to defend human rights of its people.
freedom of expression, such as prohibition on divulging troop movements, revealing military encryption codes or inciting desertion. All the international instruments which guarantee the right to freedom of expression also recognise national security as a legitimate ground for limiting that right”. But it also notes many governments are prone to muzzle democratic discourse and suppress free speech in the guise of protecting national interests. The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities has attempted to fill this lacuna using its Siracusa Principles. Part of this states that NS may be justifiably invoked only when necessary in protecting “the existence of the nation or its territorial integrity or political independence against force or threat of force”. It adds that NS cannot be invoked as a reason for imposing limitations to prevent merely local or relatively isolated threats to law and order. Consequently, it should be invoked when there is, adequate safeguards and effective remedies against abuse. Much of the conflict revolves around the government’s expectations of safeguarding national security on one hand, and the media’s quest for access to information on the other. Where the government would find it prudent to hoard, hide or obfuscate sensitive information, the media feels they should publish such information to meet the public’s right to know. In the aftermath of
the terrorist attack at the Westgate Shopping Mall in Nairobi, Kenya on September 21st, 2013 debate on the behaviour of the media during tragedies of such national magnitude came to the fore. The big issue in evaluating coverage of the bloody siege was whether the media observed not just the legal statutes related to the media, but also its professional obligations and code of ethics.
Media publicity is the oxygen of terrorism it aids in their work and undermines national peace and stability. According to “Media Coverage of the Westgate Mall Attack: An Appraisal Report by the Media Council of Kenya” published this year, one of the lingering questions is whether detailed coverage of terrorists’ acts encourages further violence or promotes the terrorists agenda. Further, there is the probability of (media) falling victims of terrorists’ machinations and unknowingly acting as channels of cheap publicity for them. Asks the MCK Chief Executive Officer, Dr Haron Mwangi: “Do the media in their reporting magnify and emphasise the threats and fear instead, thus further emboldening terrorists”?
Mwangi notes that terrorists, governments and the media see the functions, roles and responsibilities of the media when covering terrorists events from different and often competing perspectives. This inadvertently results in both tactical and strategic gains to the terrorists operation and their ideological cause. Former British Prime Minister, Margaret Thatcher, said media publicity is the oxygen of terrorism – it aids in their work and undermines national peace and stability. One of the most memorable images of the Westgate attack is the front page photo of a gravely hurt victim on the Daily Nation of September 23rd, 2013. There was uproar from the public who saw this as both unethical and unprofessional. Of course, the terrorists must have celebrated since the results of their diabolical attack appeared on a global scale. It also portrayed hopelessness and helplessness by the government in protecting their people and property. The report lays considerable blame on the government’s lack of a proper communication strategy within which structures the media can access credible and timely information. Different arms of government gave conflicting and often false information, leaving the media with little choice but to speculate. The report says the “Government failed to establish a centralised information dissemination centre during the Mall attack. This led to speculation
Kenya’s top security chiefs [from left]: Director of the Criminal Investigations Department Mr Ndegwa Muhoro, Deputy Inspector General of Police Mrs Grace Kaindi, Interior and Coordination of National Government Cabinet Secretary Hon Joseph Ole Lenku and the Inspector General of Police Mr David Kimaiyo.
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and contradictory information from different Government quarters, which were also disseminated through the media”. The conflict between media and NS has even deeper ramifications in other countries. Let us start with the freshest one. On June 23rd, 2014 three Al Jazeera journalists were jailed for seven years each by an Egyptian judge following accusations of aiding a “terrorist organisation”. The three, Australian Peter Greste, the Cairo bureau chief of the station Canadian-Egyptian national Mohamed Fahmy and Egyptian producer Baher Mohamed, were found guilty of charges that included conspiring with the banned Muslim Brotherhood, spreading false news and endangering national security.
journalism is a crime and that the new constitution’s guarantees of free expression are not worth the paper they are written on,” Human Rights Watch said in a statement after the verdict. It is expected that the three journalists will appeal to a higher court. However, it is ironical that while the US was quick to condemn the action by the Egyptian court and with her much touted First Amendment protections, the superpower is still seeking the arrest of Australian Internet activist, Julian Assange, and a former systems administrator for the Central Intelligence Agency, Edward Snowden, for possessing and publishing damning information on the operations of America’s secret service and other covert operations.
The Brotherhood was banned and declared a terrorist group in Egypt after the army deposed elected Islamist president Mohamed Mursi in July 2013 following mass protests against his rule. The action against the three immediately raised a storm in the Western diplomatic world and has become a rallying call by both international human and media rights groups who see it as a blatant affront to media freedom.
Assange is the founder, director and editorin-chief of Wikileaks, an international, online, non-profit journalistic organisation, which publishes secret information and classified media from anonymous sources around the world. Facing extradition to Sweden in 2012, Assange took refuge at the Embassy of Ecuador in London from where the former granted him political asylum within the premises.
“These... verdicts are a stark admission that in today’s Egypt, simply practising professional
In June last year, Snowden gained international fame after revealing to several media outlets
Forensic experts examine the site of a blast at Gikomba market in the Kenyan capital Nairobi.
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thousands of classified documents of America’s surveillance programmes that he acquired while working as a contractor for the National Security Agency under Dell. He is currently facing treasonable criminal charges related to “theft of government property, unauthorised communication of national defense information, and wilful communication of classified intelligence to an unauthorised person”. He is on the run and is currently in Russia after he was granted temporary asylum. Ultimately, this shows the irreconcilable differences between what the media champions and what is realistically permissible in exercising its freedom. No government would like its secrets out in the public or with unauthorised persons because of the potential damage to its survival and credibility. Indeed, the media should be more patriotic and avoid disseminating information that compromises national security. After all, media is part of society and would also suffer the consequences of insecurity. Stephen Ndegwa is a communication and policy analyst. ndegwasm@yahoo.co.uk
How media coverage of security issues exposes women to double jeopardy Armed conflict traumatises women and publishing photos of their dead loved ones only adds to the trauma, which is why editors must exercise a high sense of judgement, writes DOROTHY KWEYU.
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n June 17, 2014, the Star newspaper had a page one picture captioned, “Policemen remove the body of a man killed by gunmen in Mpeketoni, Lamu County, on Sunday evening.” On the same day, The People had a screaming headline: “I saw them kill, kill, kill…” accompanied by a picture displaying at least eight bodies, the rest having faded into the background, under the caption: “Survivors narrate horror tales of how militia group roamed town unchallenged, invaded selected targets and shot men only in Kenyan coast’s worst terrorist attack”. From the clothing they wore, it was quite possible for family members to identify at least two of the bodies in the foreground of The People photo - and of the victim the Star captures - raising concern about media houses’ observance of Clause 9 of the Media Council’s Code of Conduct for the Practice of Journalism in Kenya on obscenity, taste and tone in reporting. The Code clearly says: “…publication of photographs showing mutilated bodies,
bloody incidents and abhorrent scenes should be avoided unless the publication or broadcast of such photographs will serve the public interest.” Regarding the case in point, Clause 20 of the Code also has something to say. It states: “As a general rule, the media should apply caution in the use of pictures and names and should avoid publication when there is a possibility of harming the persons concerned.” The concerned persons in this case are the bereaved families - women and children whose husbands and fathers, not to mention sons and brothers, were selectively slaughtered in an unprecedented orgy of violence since terrorists made Kenya their playfield. What is surprising about the above-mentioned pictures is that they came barely six weeks after this year’s World Press Day when Information and Communication Cabinet Secretary Dr Fred Matiang’i in the presence of President Uhuru Kenyatta, showed a video clip of the infamous Sunday Nation page one splash of the bloodied face of a woman following last September’s terrorist attack on
Dorothy Kweyu
the Westgate Shopping Mall. The video clip shown to top editors was meant to express the disgust of the country’s top leadership with the irresponsible way media handle situations of violence, and it would have been expected that a repeat was unlikely so soon after the media event. In the Mpeketoni case, the word ‘obscene’ should be viewed within its original meaning, that is, ‘out of the scene’ or ‘off stage’ in reference to the fact that in ancient Greece, certain actions could not be performed onstage for fear of violating decorum, according to Gene Edward Veith in his 1990 book, Reading Between the Lines. For the affected families, however, and it is mostly women in this case inasmuch as the Mpeketoni killers selectively killed men, the pain and horror of seeing their loved ones lined up dead—in the open—is unfathomable. The editors responsible for publishing the pictures in the two newspapers will most probably plead the “public interest” proviso. Opinion on the issue is divided with some April - June • 2014
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editors feeling such display of horrific incidents is justified to drive home the import of the prevailing security situation. “It is to shock the powers that be into action,” one editor said But there are others who view such pictures as totally unacceptable. Child counselling psychologist Florence Mueni begs to differ with the editors—and the general public, thanks to the ubiquitous nature of the social media—who would have no qualms publishing pictures of violent scenes. Commenting on the Mpeketoni pictures, which, she says, were also posted on the social media, she said: “It is traumatic not just for the affected families, but even the ones who are not.” Such pictures, she said, tend to linger on in the mind of the affected people. She explains: “What you have seen is like a video that you have recorded in your mind. It is different from what you hear. It (the image) does not help in the healing of the affected person. When they come for counselling, the affected people usually say: ‘I cannot forget what I saw’”.
How much weight is given to ethical considerations in media coverage of situations of armed conflict, which disproportionately affect women as survivors of their loves ones? According to Ms Mueni, journalists should be careful when publishing such scenes. “I think they are not sensitised about the impact such pictures have on the affected person,” she said. Clearly, this debate will be with us for a while. This is because women continue to be at the receiving end of violence either as victims of rape—a choice weapon in situations of armed conflict—or as witnesses of the slaughter of their loved ones as in the Mpeketoni killings. Media, therefore, have the responsibility of not just generating debate on a matter governed by the Code of Conduct, but more so at this time when the spectre of ethnic violence looms large especially in the coastal region and in northern Kenya.
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Women grieving the loss of a relative following recent attacks in Mpeketoni, Lamu County.
Armed conflict traumatises women and splashing their loved ones in the front pages of newspapers only serves to perpetuate that trauma. In its report titled: Hold Your Heart: Waiting for Justice in Kenya’s Mt. Kenya Region, the US-based Human Rights Watch captures stories of women, which testify to the trauma they suffer in situations of armed conflict—and which media have the responsibility of minimising. In the report, one woman testifies to how she had to lock her children in the house to spare them the horror of witnessing the brutal beating of their father before he was taken away by the military in the infamous ‘Operation Okoa Maisha’, never to be seen again. Although the Operation Okoa Maisha took off on a justifiable mission—to pacify the militia group that had taken offence at the unequal distribution of land in the controversial Chepyuk Settlement Scheme and was engaged in a horrific mission of dismembering its victims including cutting off their ears, the military was just as brutish, leaving women and children, witnesses of the horror, caught between. That fact alone - that the witnessing of the brutal beating of a loved one is just too much to bear - should serve as a yardstick on what should and what should not be splashed for media readership and viewership. Where is the problem? It is safe to opine that the problem lies at different levels ranging from media training to individual media house policies. The following questions should help raise the debate to the next level, which would eventually serve to raise media coverage to the level of professionalism that not only avoids publication of gory pictures that have a
lasting impact on women and children, whose sensitivities are known to be more vulnerable than men’s, but equally important, go against the Code of Conduct. • Who designs Journalism and Mass Media curricula? • How much weight is given to ethical considerations in media coverage of situations of armed conflict, which disproportionately affect women as survivors of their loves ones? • What place does such coverage occupy in Journalism and Mass Communication curricula? • To what extent do students debate such issues given that armed conflict has been with us for decades, more so in the contest of ethnic clashes that have assumed cyclic shape since the 1990s multiparty agitation? • How much local research has been done on this issue? • What are individual media house policies on coverage of violent situations? • Are individual editors aware of their responsibilities? • If not, what oversight is there to ensure such pictures do not appear on front pages of national newspapers and television screens? And so on. Suffice it to state that the media are not yet out of the woods with regards to fidelity to their ethics—a matter that should be of concern to one and all. Dorothy Kweyu is a Revise Editor with the Daily Nation. The views expressed in this article are her own. dmusopole@yahoo.com
Annual Journalism Excellence Awards Annual Journalism Excellence Awards
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o reward excellence in journalism, the Media Council of Kenya runs the Annual Journalism Excellence Awards, which honours top performers in the profession. The award ceremony coincides with the World Press Freedom Day held annually in May.
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Objectives of the Media Awards • •
Identify, acknowledge, inspire, support and promote media excellence in Kenya; Recognise and acknowledge media practitioners who
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have demonstrated high standards in their works; Motivate media practitioners to uphold standards of excellence in the profession; Motivate aspiring journalists on the standards to embrace in pursuit of their career; Challenge journalists to achieve the highest standards of ethics in the profession and practice of journalism; Inspire journalists towards contributing significantly to the media profession; Create awareness and publicise the work of the Media Council of Kenya and its partners.
Contacts Britam Centre, Ground Floor Mara/Ragati Road Junction, Upper Hill P.O. Box 43132 00100 Nairobi Kenya Tel: +254 2737058/ 2716265/2716266/0727 735252 Email: info@mediacouncil.or.ke Website: www.mediacouncil.or.ke
Follow us on Twitter@MediaCouncilK and also like us on Facebook /MediaCouncilofKenya April - June • 2014
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Disconnect Between Newsroom and Classroom on Security Issues In school, a journalist is taught that all those mentioned in a story must have an opportunity to tell their side of the story, but in practice this is sometimes impossible, writes WELLINGTONE NYONGESA. Wellingtone Nyongesa
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news producer at a local station had completed his Sunday shift after 9pm news when a tweet from a man in Lamu landed on his tweeter account. It said ‘We’re in trouble, people are being killed at Mpeketoni, and the police station is up in flames please help!’ The next tweet was accompanied by a phone number which he quickly called and heard a fearful voice drowning in bursts of gunfire. It was 9.30pm June 15 and the little county town of Mpeketoni was under attack. As is the rule in all mainstream newsrooms security matters are treated with a lot of caution. A newsman will rarely break news of an attack without getting the views of security organs authorised to speak to media. The producer, therefore, began calling his contacts in security circles starting with Lamu County. That, usually, futile exercise went on for an hour without success. What most newspeople who have been around for some time clearly understand is that sources within security organs give information only to reporters they are well acquainted with. In other words the socalled communication offices within these departments are shells. He was therefore forced to break the story the same night without the views of the police or other security authorities. He believed he had got necessary facts from the horse’s mouth including bursts of gunfire in the background and he doubted not its authenticity. Strangely, even after leaving the station at 11pm, security officials hadn’t been reached. Meanwhile, killings were going on in Lamu, the number of victims was increasing by the hour as relatives in other parts of the country began making frantic calls to the police and newsrooms in the dead of night while others posted messages on social media platforms asking for help for Mpeketoni. The posted messages were critical of the country’s
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security apparatus. Interestingly, it was while he was home at midnight that he saw a tweet on the Inspector General’s tweeter account saying, ‘Reported attacks in Mpeketoni’ That tweet served as the first ‘view’ of the Government that would be used by journalists to balance the story. It came nearly four hours after most keen newsmen had got the story and were running it ‘one sided’ across social platforms, radio and television. This vivid newsroom scenario depicting a typical busy day brings me to the discussion that looks into the relevance and veracity of what is taught in class verses real practice. In other words, how real is classroom journalism compared to real ‘story chasing’ at a newsroom? What journalists fresh from institutions of higher learning battle with once they begin practising is the disconnect between practice and theory. In school it is taught that a journalist must endeavour to have all those mentioned in the story tell their side; That a story must never be published until all the views of those mentioned have been sought, and, especially views of those adversely mentioned. In Kenya this is reinforced by the Code of Conduct for the Practice of Journalism that in its top three bullets of code 1 declares; I - A journalist shall write a fair, accurate and unbiased story on matters of public interest. 2 - All sides of the story shall be reported, wherever possible. 3 - Comments shall be sought from anyone who is mentioned in an unfavourable context and evidence of such attempts to seek the comments shall be kept. While practising journalists agree that in covering politics, sources are readily available and prepared to give information partly because they crave publicity, the same cannot be said of security matters.
Getting Kenyan security authorities to give information can be equated to getting water out of a stone. A journalist trying to balance their story about a reported mass killing or an attack at a village will meet all sorts of excuses; The Official Secrets Act, Offices and Officers not authorised to talk to the press, and sometimes straight fear arising from ignorance. While scribes may understand the danger of revealing the worth of a country’s security forces as compared to the enemies, it makes no sense for instance when security organs flatly refuse, to confirm an obvious and clear shortcoming hampering an operation and measures that are being taken to combat it. Owing to this secretive nature of the country’s security organs, most news stories on security are attributed to ‘a source that is not authorised to speak to media’. During the Westgate attack in September last year, journalists, in their endeavour to work within the laid down journalistic principles, had rough time finding valuable information about the operation and the right authority to quote. Most queries hit dead ends and high walls. The department of defence would reveal only that which they deemed appropriate. As KTN worked on the ‘white paper bag’ story which later seemed to soil the fairly good name of KDF, a lot of calls were made to the relevant authorities at the department of defence. However ‘views’ were scanty. It was therefore quite interesting that the authorities would react harshly after footage was shown of soldiers carrying paper bags indicating looting activity among them as they laid siege on the destroyed mall. This is to say while at school you are taught to write an accurate fair and impartial story and if you cannot achieve that then leave it alone. But in practice achieving that cardinal rule in some issues is basically not possible. That is why in most cases radio and television stories are left to run ‘one sided’ as editors wait for a reaction from whoever is aggrieved. Whenever such reactions come, they are used
A modern radio studio: There is debate over the disconnect between theory and practice of journalism.
in succeeding bulletins. It must be noted here that this contravenes the cardinal principle of accuracy and fairness because balance MUST be achieved in each individual story and not through the next bulletin. One other matter that must be brought up is that all practical journalism work under deadlines; the print story has to be in by 5pm, it doesn’t matter whether it is written in Mandera or Lunga lunga, the Radio story is needed NOW as it breaks! The TV story for prime time bulletin must be completed minutes to top of that prime hour. However, TV stories have also begun to be relayed as they happen owing to increased live coverage of, especially, terrorist attacks.
In a nutshell these deadlines put to test the great journalistic values taught in classrooms and are enshrined in codes of ethics.
in other words to clear the disconnect between them is to figure out what the theory says that provides value to those who practice.
What is the way forward then? That there is always tension between Theory and Practice – what is taught in a classroom (Theory) and what a skilled professional later finds in the field (Practice). Those who specialise in Practice often claim that those who specialise in Theory are detached from the ‘real world,’ and therefore work for the Ideal. Those who specialise in Theory often claim those who specialise in Practice have no fundamental understanding of what they do, and this leads to contradictory, incongruous practices.
Those who practice are ruthlessly focused on value, so to get through to them; you have to understand the challenges encountered by practitioners. On the flip side, theorists understand those who practice don’t care too much about the theory, but love seeing their thoughts put to good use, and can appreciate when practitioners stumble across flaws in their thought. Wellingtone Nyongesa is the News Editor at Radio Maisha. wnyongesa@standardmedia.co.ke
The only way you can get these two camps or
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The Inadequacies in Reporting Security Issues Journalism students are trained to become reporters, but they are hardly equipped with skills to handle serious security challenges. Media houses also hardly help in capacity building, argues GEORGE NYABUGA.
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here is an overarching idea in Kenya (as indeed elsewhere) that journalists are a Jack-of-all-trades but a master of none. This means journalists have always been (and to a large extent are) expected to cover anything under the sun, and no subject is beyond their radar. Such expectations and demands are part of modern media operations where journalists are required to multitask and take on reporting and writing, interviewing, photography, videography, editing, etc. Not only just do; they must be adept at it. Consequently, we may say while they may possess the knowledge and skills to do everything, they are masters of none, and they have been known to do tasks badly mainly because they have to juggle the tasks in what has become a pressure-cooker media and newsroom kitchen where they are expected to withstand the fire coming from different
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sources and directions. The problem of dabbling in various tasks is especially worse in developing countries where resources are scarce and the development and consolidation of human capital is taken for granted. This is compounded by lack of continuous training and development opportunities. Topping the challenges are poor pay and working conditions. Accordingly, journalists are expected to take care of themselves, beware of the challenges and formulate measures to safeguard their persons, take charge of their personal and professional development, and make do with existing maladies obtaining many media organisations. The foregoing arguments thus beg serious questions regarding the commitment of media companies and managers to the wellbeing of their staff and especially whether they care
George Nyabuga
about the capacity of their journalists in whatever form – reporters, photographers, cameramen (or even fixers) – to handle or deal with situations which they have little or no experience or knowledge of. This is particularly worrying when handling violence and its consequences. Take the example of the 2007-2008 postelection violence in Kenya. Reports and personal tales say journalists were badly affected and traumatised by the violence that followed the disputed presidential election. Many of those caught in the ‘story’ had never before experience such orgy of destruction, death and human suffering. They were ill prepared as they rushed to the scenes of violence where people were hacking each other with machetes, where people had been burnt beyond recognition, where bodies lay strewn, to the fields where rivers of blood
freely flowed, to hospitals where people writhed in pain, sometimes with open wounds due to the incapacity of hospitals and health facilities to handle the numbers of those affected. The trauma suffered by journalists was thus a consequence of unpreparedness, and inability to soak in the shocks that often accompany serious violence, the blood, the bodies, the destructions, human suffering and all. Journalists working in violent or conflict situations can develop, according to South African psychologist Charl Fourie “Post Traumatic Stress Disorder if exposed to actual or threatened death or serious injury that resulted in an intense emotional response of fear, helplessness, or horror” and that they may suffer secondary trauma because of “long-term consequence of working with suffering people and more severe”. It is even more worrying that the journalists can suffer long-term mental disorders including depression, anxiety and paranoia. A report published by the International Media Support on the post-election violence in Kenya notes that “covering a violent conflict can create serious health problems for journalists and photographers who find themselves in
the frontline of the events to get the images and the stories. They often experience or witness traumatising incidents and many of them will struggle to cope with the impact. “Typical reactions reported by journalists having covered these traumatizing incidents include depression, loss of motivation, insomnia, loss of appetite, crying spells, guilt, irritability, inability to concentrate, poor memory and stupor.” The emotional and psychological wounds and scars left by such encounters are sometimes difficult to describe, and even more difficult to deal with particularly in a country like Kenya where most journalists, especially correspondents, do not have institutional support and psychiatric assistance or counselling. Such issues need to be urgently addressed given journalists’ growing encounters with traumatising events. Granted, let’s examine the question of journalistic preparedness, knowledge and skills necessary to cover security and attendant issues. Are our journalists adequately trained and prepared to handle security reporting? Do they possess the mental stamina to deal
with exposure to death, serious injury, blood, human suffering and other consequences of violence? And more importantly, do they have the necessary professional qualifications and knowhow to handle security stories? These questions are especially critical as Kenya grapples with serious insecurity following mid-June murderous attacks in Mpeketoni where more than 60 died and Westgate terrorist mayhem where al-Shabaab militants executed at least 67 unarmed men, women and children in September 2013. Whereas in journalism training students are taught to become reporters, they are not properly equipped with the skills to handle serious security situations. They are hardly taught to specialise. Most are ill-equipped to deal with specific issues particularly those relating to security. There is of course wisdom in such thinking. Years of experience teach us that to train student journalists to specialise in a certain or specific areas would mean limiting their post-graduation success and employment. Joining any media houses in an era where multitasking is privileged would almost be impossible given the diminishing investments in the development of skills in particular reporting fields. Thus whilst there is increasing interest in what is often called
As the body charged with the responsibility of promoting high professional standards amongst journalists in Kenya, the Media Council of Kenya conducts specialised and tailor-made trainings for media practitioners in a number of areas.
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development, peace and conflict sensitive journalism, these do not necessarily train journalists to be security reporters. What happens is a focus on issues of conflict and how that impacts society. The choice of what to concentrate on after university or college is dictated by the demands of the workplace, and newsroom cultures where journalists are expected to juggle roles and become general practitioners capable of reporting anything. While the need for specialisation has recently gained traction and currency, the number of institutions, including universities and colleges training journalists and the attendant unemployment resulting from the high number of graduates, means it would be suicidal to specialise especially in a competitive job market that privileges multitasking. Granted, it is important to ensure that people on whom we rely on for information on various issues deeply understand the matters they cover. Besides, journalism is built on principles of accuracy or factuality. Current security concerns thus demand a thorough or deeper interrogation, engagement and internalisation of information and issues. To leave this
important task to charlatans who may not understand not only the information but also the consequences of such information, how it is covered, rendered, the actors involved, how and when they are sources of information etc., does not augur well for a profession that is fundamentally important in an information society. Unfortunately, we have in Kenya a media concerned more with immediacy, urgency and excitement partly as a way of meeting the demands of the market. Accordingly, issues of real depth hardly bother journalists, editors and media executives. Besides, these people are mostly concerned with everyday media operations, their stories, their challenges, breaking news and events. They hardly care about the depth of information offered to disparate audiences. It may be that media products are based on audience expectations; that audiences are hardly discerning and that media offerings meet their needs or expectations. The audience expectations and media offerings demonstrate serious disjunctures, and reflect the gulfs between idealism and
pragmatism. Such thinking is of course myopic but unfortunately realistic. With falling investments in media productions and human capital within newsrooms, the media often seek to maximise from the mostly inadequate resources they have. Even where journalists are expected to be adept at conflict reporting, the focus is mostly on techniques rather than the knowledge of conflicts, what they entail, the causes and solutions. What we thus see is reporters, for example, seeking to cover security and other events not from expert viewpoints, but general knowledge and interest. While there is nothing wrong in this, it is seriously worrying that security reporting is replete with exaggeration, and scaremongering. The attendant or resulting moral panics are never seriously thought about. And therein lies a major problem the media need to seriously and urgently address. Dr George Nyabuga is a lecturer at the School of Journalism and Mass Communication, University of Nairobi. gnyabuga@uonbi.ac.ke
The shrinking Landscape for Media Due to several factors including media ownership, security threats, travel advisories and advertising pressure, are Kenyan journalists lowering their professional guard? Asks VICTOR BWIRE.
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he media landscape has gradually changed in Kenya since 1992, with the advent of multi-party politics. The opening up of the political sphere by then President Daniel arap Moi prompted several changes in the media. The Inter-Political Parties Group (IPPG) then formed to relook in the framework of a multi-party democracy recommended among other things a free, independent and robust media, removed the sedition law previously been misused by the KANU government to crack down on media and called for liberation of the airwaves.
The opening of the media space in Kenya, which has included regional based and vernacular radio stations across the country, multiplicity of other communication platforms such as internet and mobile phones has meant that a large listenership at the grassroots level is reached. The situation has been enhanced by the fact that some stations broadcast in the vernacular of the target audience providing a unique opportunity for confidence building, correcting misperceptions and prejudices and educating the masses on the values of diversity and peaceful co-existence.
As Kenya entered a new media dispensation in 2003 with the entry into power of a democratic coalition government charged with a historic responsibility to initiate legal, governance and administrative reforms, the media took advantage and started asserting their social responsibility more vigorously.
Similarly, opening up the media space in form of liberalisation of the industry since 1992 has also seen the media domination formerly enjoyed by the government-owned KBC tumble while at the same time seeing stories formerly shunned by the mainstream media for whatever reasons now finding
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Victor Bwire
space in the privately owned media and other alternative media to the benefit of human rights promotion and protection, building of Nation-state and accountable governance initiatives. The perceived and real power of the media resides in the extent of its ability to stimulate discussion and dialogue or even shape public opinion on matters of politics, culture and development. In conflict environments, access to information can often make the difference between life and death. Media platforms provide a space for dialogue among disagreeing parties and a critical source of information about available humanitarian response and potential threats. In post-conflict situations, the media can prove invaluable to the peace building processes by publicising terms of peace
Security officers obstruct a photo journalist from covering an event.
settlements, and indeed as seen during the post-election violence in early 2008, informing and educating citizens about elections and providing an outlet for discussion and debate about the causes of the conflict. For preventive action, conflict sensitive journalism trainings are aimed at building journalists’ awareness about the potentially pivotal role they can play in mediating or exacerbating conflict. Such initiatives entail working with the media in finding a means of reporting that balances between two disparate positions and emphasises peace promotion. The media, if properly trained and prepared can play a serious role in helping communities understand historical injustices and how to address them, what provisions exist legally to help address the conflicts, enhance understanding of participation in elections, peaceful co-existence and enhance understanding of both existing laws and code of conduct for the practice of journalism. Several scholars have advanced arguments on how the media promotes peace by affecting knowledge, attitudes, and behaviour of a critical mass of people. The media promotes peace by providing an information conduit between dissenting groups and voices, thus reducing prejudice and stereotypes between them. In targeting the political elite, media interventions promote peace by placing pressure to move toward a resolution.
The most critical involves the grassroots reach-that in empowering communities by providing them with balanced information or the necessary tools to circulate their own information encourages grassroots mobilization for conflict prevention and resolution. In all these approaches, the predicating factor is that prejudice, ignorance and intolerance encourage war and violence. The media can therefore encourage peace by changing public attitudes and building greater tolerance in society.
2007 election violence in Kenya. Increasing attacks against journalists as the elections in Kenya approach are not mis-placed and or are well founded. Many media/social researchers have alluded to the Kenyan media’s partial bipartisanship and overt complicity in the lead up to the outbreak of violence following the disputed presidential election results of December 2007 namely, Kenya Media Under Pressure: Nairobi Declaration (January 2008), (Makhokha 2010,) (Namwaya 2010) and (Nyanjom 2012).
The intolerance towards the media in Kenya is gaining dangerous trends, and instead of people equally demanding responsibility on the part of sources, especially politicians and others opinion leaders to behave and act responsibly, the pressure has been on the media alone.
Indeed, the Justice Kriegler and the Justice Waki reports were categorical on the collective media’s role both overtly and covertly in stirring up and abetting the violence by their performance or lack of during the country’s most trying period since independence.
However, media in Kenya has faced several challenges especially after revelations by both the Waki and Kriegler Commissions about the role the media played in the post
The period just before the 2013 General Election and the period immediately after the current government have dramatically changed media practice in Kenya. Just before the election, Government agencies have started initiatives including the establishment of the National Steering Committee on Media Monitoring at the Ministry of Information and Communications that does weekly monitoring of media performance, SIM card registration, switching off of fake mobile hand-sets and guidelines on bulky sms with political messages. Cont’d on page 33 April - June • 2014
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COMPLAINTS COMMISSION OF THE MEDIA COUNCIL OF KENYA Section 27 of the Media Council Act 2013 establishes a seven (7) member Complaints Commission independent from the Council to enforce media standards set the by the Council. Functions a.
Mediate or adjudicate in disputes between the government and the media and between the public and the media and intra media on ethical issues;
b.
Ensure the adherence to high standards of journalism as provided for in the code of conduct for the practice of journalism in Kenya; and
c.
Achieve impartial, speedy and cost effective settlement of complaints against journalists and media enterprises, without fear or favour.
The media arbitration service is provided FREE OF CHARGE and is independent of the Media and Government. What Constitutes a Complaint? •
Breach of the Code of Conduct for the Practice of Journalism set out in the Act for example fairness and accuracy, taste and tone in the publication or non-publication of a news-item or statements
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Freedom of the press being threatened or encroached upon through denial of facilities that helps in collection or dissemination of news or through threats, harassment or assault. Further information on the procedure for lodging a complaint can be obtained from our
website www.mediacouncil.or.ke.
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Cont’d from page 31 The Jubilee Government didn’t hide its disdain for the media. While it started with the delay in actualizing Article 34 of the Kenya that required Parliament to enact an law establishing an independent body to regulate and ensure existence of an independent media, it has resulted in people moving to court to challenge the laws that were eventually passed in the name of Media Council Act 2013 and the Kenya Information and Communication Amendment Act 2013, which media stakeholders argue violate the Constitution. The country is yet to develop a media policy while the Government has not implemented its communication strategy nor Cabinet approved the Access to information law. The worst happened after the Westgate Mall attack by suspected terrorists, where media was bashed for what people called irresponsible media practice. The intolerance towards the media in Kenya is gaining dangerous trends, and instead of people equally demanding responsibility on the part of sources, especially politicians and others opinion leaders to behave and act responsibly, the pressure has been on the media alone. Additionally, media owners are under great pressure to censor news from their outlets which has seen a number of independent minded journalists pushed out of newsrooms, editors summoned to State House, while in
most extreme cases, physical violence has been meted on journalists while in the course of their duty. In all, the media in Kenya is operating in a very intimidating environment in Kenya today. The above actions, coupled with business and ownership interferences in the editorial processes of media houses, has seen the shrinking of independent in the media. The worst challenge is the corporate terrorism, where advertisers including County Governments remotely control news content by threatening to withhold adverts depending on the editorial decisions of some media houses. The situation has resulted into a situation where media is operating in a very compatible manner aimed at ensuring that the media is seen by locals to be part of them, while at the same time and adopting soft stances on national issues. This coupled with the influx of media houses by hoaxes masquerading as journalists threaten the independence of the media. Media in Kenya is in the hands of a few owners majority of who are politicians seeking elective posts. They dictate the focus of the media outlets, while advertisers have not been left behind in pushing for their agenda through the media. Because of the above, the media in an effort to balance the many interests tend to focus on side shows and non-issues instead of information that
would inform, educate and sensitise the public to make decisions that bring about positive change. In addition, this has often led to sceptical attitudes towards the media as a tool for conveying objective information during electoral processes. In the face of increasing terror attacks and travel advisories issued by the West, there is pressure on the media to change their approach to reporting, a situation that has increased censorship. In fact, the frustration from journalists is seen in cases where more journalists are from traditional media posting some more liberal information on their personal online accounts, stories they would not channel through their media houses. Indeed, there are several laws still in the statute books that constrain media practice 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. Victor Bwire is the Deputy Chief Executive Officer and Programmes Manager at the Media Council of Kenya. He is a safety trainer for journalists. victor@mediacouncil.or.ke
Journalists at a past demonstration over oppressive media laws.
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The Media Council of Kenya, with support from the Kenya Media Programme, has published a guide on the safety and protection of journalists in Kenya.
Safety and Security Plan – The Dilemma of News Gathering More often than not Kenyan journalists are ill-prepared and rarely acknowledged as most exposed to threats and death while sniffing out information to make News, argues JOHN GACHIE.
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ews, according to classical definition, is an occurrence, event, incident natural or man-made that’s odd, curious, and not ordinary. It draws our attention, grips or stirs up within our emotions a morbid desire to want to find out more about its very nature, if not impact on our otherwise mundane existence. News therefore, is not predictable (and should at least not be) and is supposed be fluid, flux and ever evolving if not ever ending. It is a constant variable in a geometric progression quantum. Therefore those in the news business,
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especially journalists and editors are expected to be ever on the alert to sniff out, unpack, explain, contain, understand and package this rare yet ever present phenomenon and give it some order, form and nature and in the process; make it palatable and consumable as News products as served through the various media outlets and platforms to the public. However, in the course of news gathering, processing and packaging journalists and in particular, editors and other gate-keepers in the profession have come to appreciate the truism that News is rarely really New, but
John Gachie
rather a continuous natural phenomenon that is best managed through an elaborate Safety and Security Plan and woe be it, to any journalist and editor that fails to observe this natural order of news. What is packaged as News today in a particular location whether man-made or natural, is old News elsewhere, will be old News somewhere and the cycle continues – but the difference is how it was processed, packaged and served to the consumer and invariably dependent on the News consumer’s status/station and tastes if not requirements (needs).
Safety first: Journalists reporting from danger zones must be adequately protected from related hazards such as stray bullets.
But a News Media Plan is incomplete as many journalists and media managers (editors) have found out if it fails to include a functional and realistic Safety and Security Component that addresses the safety and security concerns of the entire news cycle. Tragically though, this critical Safety and Security component in any News Media Plan has hitherto been ignored and at times, given short thrift to the utter detriment of the journalists, editors and media institutions with tragic consequences not only to the direct gatherers of news but to society as a whole. Ordinarily news could be a hazardous product much like hazardous chemicals and gases, ordinarily news could be and can be contagious – much like a disease pandemic, ordinarily news gathering and processing could be dangerous much like a fire, earthquake and floods. Indeed, ordinarily news gathering and processing could and has turned out to be harmful to the emotional well-being journalists and editors alike. And ordinarily journalists and editors in gathering, processing and packaging news have earned the ire and hostility of the powerful – be it the political, business and criminal inclined groups. Ordinarily journalists and editors face ever constant threats and dangers in the course of their work, duties and assignment but rarely
addressed. More often than not, journalists and editors are invisible, ill-prepared and rarely acknowledged as some of the most exposed and most likely to face harm and ultimately, death in their endeavours to sniff out, give form, content and nature to the odd occurrence, event and incident, that we constantly crave as News. For the general News consumers, journalists and editors are heroes when satisfying our natural instincts for travails of our mundane existence, satiating our morbid curiosity, bring home the horror and pain of far off disasters and wars to our living rooms.
Journalists and editors are a necessary evil, devil incarnate and guardian Angles all rolled into one.
and editors are held in both awe and horror, revered and riled in equal measure, furnished and banished in tandem, but rarely comforted nor recognised if not acknowledged – they exist as some sort of sub-spices – famously indifferent, and tragically dispensable in equal measure. In short, journalists and editors are a necessary evil, devil incarnate and guardian Angles all rolled into one. Unlike the military and security forces and personnel, the medical and first (disaster) responders and indeed other dangerous career and professions, like pilots, factoryfloor workers and sports who place a high premium on safety and protection in terms of training, kitting and equipment and planning; journalists and editors take their safety, protection and security for granted.
Rarely do the general News consumers ever pause and wonder – how do the journalists and editors survive the terror attacks, the bombings, the bloody fighting, the raging fires, the flash-floods, the earth-quakes; the landslides and the disease pandemics?
In any recent dangerous, clearly unsafe and insecure environment like the Westgate Mall Terrorist attack of September 2013, subsequent terror attack scenes in Mombasa, Nairobi and elsewhere in Mandera, Wajir, Baringo or Bungoma and most recently in Mpeketoni carnage; the journalists were conspicuous for their lack of adequate and or proper kitting yet were expected to satiate the News consumers demand for up-dated and current reportage as the crisis unfolded.
In Kenya as elsewhere globally, the journalists
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brought the horror, the pain and the extent of the carnage and damage including destruction and context home to our living rooms – they were our eyes, ears and legs – but never our hearts and minds – nor our hands, if anything they provided us with a filter and prism through which we mourned, cried and poured out spleen and anger.
Indeed, they had a Security and Safety Plan with well-structured rapid response mechanisms – for our journalists, most of them Stringers and Correspondents – they were just that – left to fend for themselves the best way they could – Most were orphaned until they filled their stories – and most would be paid peanuts.
But we never, at least most of us, spared a thought for their emotional well-being, their physical safety and protection, leave alone their security. – Yet, the security forces despite their lack of adequate response when critically need by the victims and survivors of these cowardly attacks were well-kitted, prepared and catered for than the journalists on the ground.
And most will be left to their own devices on post trauma and conflict counselling – they will be left to nurse their physical and emotional wounds to the vagaries of nature and most probably they would be expected to move on - and prepare for next Mpeketoni terrorist raid or another Westgate Mall terror attack and then proceed to Wajir, Mandera or any other gory incident that is News that we need to satiate our morbid curiosity – and address our mundane existential status quo – while we praise their dare-devil and courageous deportment and commitment – once again, in the comfort of our living rooms oblivious to the toll wracked on our journalists and editors.
The security forces personnel were well-kitted, trained and inducted – received proper safety and security briefing- were well supported in terms of their emotional- well-being (Trauma Counselling) enjoyed other rapid response support network and infrastructure.
Perhaps that is the order of things in journalism and news gathering, processing and packaging- perhaps that is how the cookie crumbles as they say, but as observed at the beginning – News is rarely new – it is old News somewhere, will be old News elsewhere, but is ordinarily dangerous, hazardous, toxic and if the purveyors of News are not well-taken care of – can be outright deadly. Pursuit of News is ordinarily tragic with lifelong scars and life-threatening consequences to the devil-may-care journalists and editors regardless of their apparent dare-devil attitude and facade, and notwithstanding our praise-signing and salutary offering; that we, as Society occasionally accord our journalists and editors. News has a price – The question is,who pays? John Gachie is a Media Consultant/ Trainer. gachie_john@yahoo.co.uk
Tolerance in Terror: Conflict–
Sensitive Reporting
Delicate balancing and objective reporting is what all Kenyan journalists must always endeavour to do to ensure their stories do not trigger or incite potential violence, writes AMOS KIBET.
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he misfortunes that have plagued Kenya in the recent past due to insecurity have sparked critical discussions on the delicate balance between media’s role in reflecting reality and journalists’ professional responsibility. While journalists possess the overarching inclinations for scoop journalism and desire to carry “situation on the ground” stories about such attacks, the ethical constrains should remain a towering consideration. Efforts by journalists to bring “you are there” perspective of conflict and insecurity sometimes becomes unethical. Kenya has continuously grappled with national security issues since the 1998 US embassy bomb attack. Terrorist attacks have become a major cause of insecurity and have been laced with sectarian, religious and ethnic violence. It is therefore paramount that journalists observe their coverage with lenses of absolute objectivity and accuracy.
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With the recent attacks on Mpeketoni town in Lamu County, there has emerged criticism on whether the media observed conflict sensitive reporting. This is in light of the fact that the tension is believed to have been instigated by ethnic profiling. The government through the Information and Communications Cabinet Secretary Dr Fred Matiang”i raised concerns that the media coverage of the Mpeketoni killings was likely to inflame ethnic and religious intolerance. The coverage, according to the CS was likely to cause ethnic profiling, deliberate targeting of some Kenyans communities in Mpeketoni for accusations of unsubstantiated misdeeds which he termed insensitive, callous, repulsive and irresponsible. The media should continuously exercise conflict sensitive reporting. This entails actively seeking to avoid potentially conflict inducing language and framing by journalists
Amos Kibet
and editorial teams when reporting. The reason behind this approach is to ensure the public is thoroughly informed, while, at the same time ensuring the reporting is not a precursor or instigator of potential conflict. Most often issues of insecurity are attached to simmering undertones of unresolved conflict. As in the case of Mpeketoni massacre, issues of historical injustices and latent conflict were believed to be among contributory factors. During a national crisis such as insecurity, the media and security forces often find each other operating on two diametrically opposite pedestals. The media want to tell the story and the security forces want to win the war and retain situational calm and restitution of peace. In pursuit of this goal, the media desires freedom, freedom from censorship, total access and capability to get stories out to the audience’s quick enough. The security forces desire nothing but absolute control which in most cases is not in tandem with
media’s optimum operational conditions. Among the issues that have given rise to insecurity in Kenya is terrorism, believed to be instigated by radicalisation. Radicalisation has consequently instigated religious intolerance. Compared with topics such as politics and the economy, religion does not typically receive a lot of attention from the mainstream news media in the world over. When religion does make news, it is often because of extremism or intolerance. The Media Council of Kenya conducted a study christened “Tolerance in terror” which explored how the media covered the issues of war on terror, radicalisation and the religious intolerance in connection to national security. The study examined various sampled media content and interviewed key informants between March and May 2014 and aimed to understand the professional and ethical performance of the media in reporting war
on terrorism. From the findings it is evident that the media has somehow participated in the propagation of the dominant narratives for instance that; People of Somali origin are potential terrorist, All Muslims are potential terrorists because most suspected terrorists arrested are muslims and that Islamic religion preaches and supports violent radicalisation and extremism among other narratives. It was also evident from the study that journalists’ security has been threatened following perceived biases especially at the coastal town and some have been attacked for the same reason. Similarly, the media did not perform particularly well in some articles of code of conduct and professionalism. Some of the noted violations include use of bloody pictures and abhorrent scenes, not separating fact from comments and also the use of one or few news sources which creates bias in reporting.
Overall, the media performed below standard in the way it covered the issue of war on terror, radicalisation and religious intolerance. The media should however go beyond mere superficial reporting but seek to interrogate social, economic and political issues that create better understanding and solutions for such problems that face the society. The media also plays an important social role with the ability to influence people. This means journalists too are shaped by various social forces which contribute to their understanding of Muslims and Islam. How one perceives particular events is always influenced by factors including their background, education, and wider social and cultural environment. The adherence to the code of conduct for the practice of journalism is a very important factor in avoiding the biases that result from such social forces.
The scene of an arson attack at a school in North Eastern Kenya.
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The importance of social cohesion and intercultural and religious tolerance and understanding as a key element in reducing drivers for radicalisation and extremism cannot be wished away. The extent to which the media has practiced sensationalised and imbalanced media stories around Islam and terrorism is perceived to have created more radicalized standing in the Kenyan society. Journalists in the exercise of their duties should also observe professionalism and patriotism in the same measure. However, they should never prove patriotism by succumbing to manipulation and distortion. A good journalist, one who has respect for the truth and who works according to ethical and professional standards, will always be a good citizen. A patriot does not lie, twist the truth or deceive with bogus information and cynical propaganda. Mainstream media provide many examples of subtle and indirect prejudice which may reinforce ethnic and religious intolerance. Stereotypes based on ethnic and religious
The aftermath of attacks in Mpeketoni, Lamu County.
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origin may have little impact on the consciousness of multicultural communities, where people’s own experiences are a counterweight to simplistic and often illinformed media coverage. Stereotypes are not necessarily the product of ethical failings, but often arise due to neglect of the conditions in which journalists work and the way media are managed. Evidently, journalism training often fails to tackle issues of discrimination and intolerance with regards to security reporting. There is too often a profound lack of awareness and ignorance among news gatherers and production staff about the societies which they serve. This lack of awareness is reinforced by a failure to use representative and authoritative sources of information from different ethnic and religious groups when dealing with news items about the war on terror and radicalisation. It is a common criticism that media too often rely alone on “official” and establishment sources of information without seeking out the opinions of other expert sources.
Portrayal of violence, deaths and funeral resulting from terrorism through the media stoke the emotional intensity of some of the individuals and this creates the desire for revenge. This indicates that the media can definitely have an effect of inflaming the passions of people towards radicalisation. While media’s platform for self-expression should be unlimited to all individuals, the sanctity of societal good should never be sacrificed by allowing it to be used as an avenue for incitement and propagation of hatred. A delicate balance between professionalism and patriotism is therefore important to enhance media’s proper reflection of occurrence within the society it reports from. This is an issue that directly affects the security and wellbeing of a nation. Amos Kibet is the Research & Media Monitoring Officer at the Media Council of Kenya. Kibet.amos@mediacouncil.or.ke
The Social Media and Journalism Divide Our audiences believe that journalists’ core duty is to chase the truth, therefore, what you put out on the social media cannot be detached from your profession, warns CHURCHILL OTIENO.
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rivate thought pushed into the public space at the speed of light. That is social media. It has brought important implications for professional journalism.
must happen too. There are several questions that professional journalists must wrestle with as they venture into social media, but four are of immense importance.
It is many things. Fast, democratic, low cost, invented identities, has well-dressed lies, allows all to participate in storytelling through crowd-sourcing, enables competing truths, spews hate speech and is loved by trolls. It also breaks stories, allows newsmakers to tell their stories on their terms, serves the story hot and in incomplete doses long before the conventional journalist arrives with his context, insight and balance.
The false dilemma of the professional versus the individual
Yet, it is in that same space that journalism
“What I do on Facebook or Twitter is my own business… that is my private space as I also have a life away from work!” This is a refrain often used by many, including senior colleagues to justify their wish to observe a different set of rules when engaging in social media interaction. The simple truth is they are wrong. They are wrong because journalism is done
Churchill Otieno
publicly making the professional a public figure. Your audience will follow you on social media mostly because they believe your word. This becomes even more important given social media’s chaotic nature as discussed below. Hence, a professional journalist has an ethical duty to conform to the values that govern his/her work whenever s/he is communicating in public. In today’s world, there is nothing more public than social media. The tension of speed versus accuracy We should never forget that the real value professional journalists bring to social media conversations is verified/dependable April - June • 2014
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information and context. Embedded in all this is an expectation from our audiences that professional journalists’ core duty is to chase the truth. Therefore, an express licence has been afforded journalists on condition they act in utmost good faith to reveal the truth, and that such truth would serve public good. It is therefore a dereliction of duty for any journalist to post “unconfirmed” reports. Yet, examples abound of such posts on Facebook and Twitter by a number of colleagues, with some even going ahead to include the fact that they have done nothing to verify the information. The rule of thumb is clear, verify first then publish. In fact, it is when as a journalist you are under immense pressure to publish that you must double-check the veracity of the information. This applies too to retweets, for any post echo will be deemed by your audience to carry your personal, and in this case professional, approval. It may be thrilling to be the first out with the
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news, but beware that on social media, the journalist who is remembered longest is the one who got it wrong, not the one who got it first. You should not be late with the news, for then you will be irrelevant. But it is not news until verified. The trick? We journalists must just get better at our work despite the much shorter deadlines – prepare well, confirm and publish. The chaos that is social media Social media draws its power from the fact that it is an all equalising chaotic place where everybody gets the chance to tell everybody else whatever they choose, to both declared and undeclared ends. Many of the people you encounter will not be who/what they claim to be while lies and half-truths are peddled indiscriminately. Hence, treat any information you collect from social media with caution. Do not quote posts by individuals whose identities you cannot verify. The unfortunate bit is that a large majority of those participating in social media
interactions have little or no skills to assess the quality of information being sent their way. They usually would take it as the absolute truth and proceed to act on it or to amplify it. Hence, the fact that an issue is trending does not necessarily mean you can take it as fact. In the chaos, who you retweet, mention, reply, tag, like, favourite and poke will come to define how far partisan or unbiased a journalist you are perceived to be. Your social media interactions leave a trail, ensure your standing is not called to question merely because you keep retweeting one political party’s propaganda. Hate speech Social media comes with various legal pitfalls for all its users, but especially for journalists as communication professionals. Many would know of defamation, and one rarely discussed is hate speech. Generally, journalists stand guilty of hate speech when they post derogatory remarks
based on ethnicity, race, creed, colour and/ or sex. It is no defence that one was merely reporting quotes by other persons. The expectation is that an editorial note should be taken of the possible effect such remarks would have on the concerned ethnic or racial group. It is also important to note that societal attitude to terms adjudged as hateful keeps changing and it is the journalist’s duty to keep track of such changes. Many times it will serve society for journalists to expose those spreading hate messages. A debate exists whether in such situations repeating the hate messages serves the bigger cause. Best practice so far suggests that it
does not, and recommends that journalists avoid republishing any hate messages. This should be standard practice when we report hate cases such as the current one involving politician Moses Kuria’s alleged posts on Facebook. Yet, a casual perusal of news reports on the case reveals infractions. In conclusion, always remember that as a professional journalist you are held to higher standards on social media. You are an extension of your newspaper, television or radio station, or news website even as you post in your personal capacity. You are a journalist, 24-hours a day hence your retweets are endorsements.
Social media carries many errors and inaccurate information. Over time, these get corrected as peers come on the scene with clarifications, corrections and critical nuance, but by the time this happens you would have compromised a hard earned name and brand. Hence, as journalists, we just must get it right, always. Churchill Otieno, a pioneer online journalist in Kenya, is the Managing Editor for Digital and Convergence at Nation Media Group. He is also the Secretary for Digital Media, Kenya Editors’ Guild. Twitter: @OtienoC Email: cotieno@ke.nationmedia.com
Journalism Suffering at the Altar of Social Media Craze? Because social media platforms have risen in popularity, especially among the youth, moderation and accuracy should be adhered to by all media houses to guard against hate speech and other societal evils, warns JAMES RATEMO.
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he growth of the social media in Kenya has prompted the local media industry to re-invent itself. This is because the online forum has opened up platform for journalists and non-journalists alike to share information and break news faster than the mainstream. The urge to be fast and first on the social media sometimes puts journalists and media outlets at the risk of contravening their code of ethics especially in covering sensitive issues such as national security. In the recent past, Kenya has been grappling with a myriad insecurity challenges- from petty crimes to severe terrorist acts. Just as the media uses the social media to break news on non-security issues, it has also used the same platform to cover security issues, often being accused of insensitivity and lack of patriotism especially when covering sensitive security operations. For the security operatives, terrorism issues should be handled with care and top-notch secrecy lest the ‘bad elements’ get wind of security plans and use it to evade justice or commit more offenses.
However, the media finds itself in a dilemma since its responsibility to report facts with speed is sometimes contradicted by need to ‘look patriotic’ by not interfering with security operations. One scenario that exposed the precarious situation media finds itself in was the coverage of the infamous Westgate siege where terrorists invaded a high-end shopping mall and reigned terror on shoppers for days. As the security machinery got to work, journalists, bloggers and the media at large were competing to cover the operation live, often sharing sensitive information via the social media to alleged advantage of the enemies (in this case the al-Shabaab fighters). The big question has been whether the media observed its professional obligation as required by Code of Conduct for the Practice of Journalism in Kenya and social responsibility in commenting on public issues while at the same time respecting the limitation to freedom of expression on national security grounds. In a recent meeting with journalists in Nairobi, Chief of Defence Forces General Julius Karangi said the al-Qaeda linked militant group has
James Ratemo
solely relied on the mass and social media to propagate its agenda. This assertion seems true and leaves journalists in a precarious situation on how to handle terror groups’ messages without being seen as aiding them to spread fear and appear conquerors. “Reporting on terrorism therefore should be well calculated by the media so as to deny terrorists the platform to propagate their selfish intentions but at the same time inform the public,” Karangi said during the forum. As explained by Karangi, security operations are handled with top secret but apparently the media keeps chasing the secret which they eventually spill to the public via the social media and other platforms. The terrorists on the hand also capitalise on mainstream media channels to advance their agenda and peddle fear. The Nation Media Group’s Daily Nation published a gory picture of a casualty that caused a stir in the social media, definitely to the celebration of the alShabaab, which wanted its impact felt far and wide. Some ethical violations breached by the Daily
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Nation picture and other similar photos in other newspapers including The Star (picture of people massacred in north Eastern Kenya) include Article 14 on Intrusion Into Grief and Shock, Article 9 on Obscenity, Taste and Tone of reporting, Article 20 on the Use of Pictures and Names.
The ethics and policies that guide radio, TV, print and online journalism should also guide social media posting. Of course the media was tempted to scoop the competitors with the best pictures and it apparently forgot to refer to the code of conduct which requires that victims of terror or war should be respected and handled with dignity. “There was dilemma between telling the truth by relaying gruesome images and withholding information from the public. In some instances there was lack of verification of accuracy and reliability of information being relayed as well as challenges of live coverage and gate keeping of information before airing.
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Similarly, there were challenges of social media platforms as alternative sources of information about the incident”, partly reads a recent Media Council report on how the media covered the West gate Siege. However, the report attributes some of the inaccuracies in reporting to contradictory information between government and humanitarian aid agencies. Despite an apology by the Daily Nation regarding the ‘distasteful’ picture, the damage had already been done and code of ethics crucified. There was also another instance where a Citizen TV journalist allegedly disclosed identity of an International Criminal Court witness via Twitter. Although the said journalist turned around to say his twitter account was hacked into his image was tainted. This calls for caution. Journalists should handle their social media outlets with optimum professionalism. If a twitter of Facebook update is not fit for broadcast or publishing on newspaper, then it is not appropriate for the social media. The ethics and policies that guide radio, TV, print and online journalism should also guide social media posting. General Karangi alleged that the terrorists were able to feed the public with propaganda that was supposed to portray the security forces as being not up to
the task. “This is in sharp contrast with the 9.11 terror attack in the US where the media fed the public with patriotic acts of Americans instead of showing people jumping from buildings,” he said. Speaking on Westgate mall attack, Defence Cabinet Secretary Raychelle Omamo said social media has now emerged as the new platform terrorists are using to recruit and propagate their ideology. Omamo urged journalists and the media to exercise caution during crisis periods and avoid falling prey to terrorists’ snares of misleading and spreading fear. She observed that the militants primarily used Twitter to broadcast their goals as well as the behind-the-scenes events of the Westgate mall attack. When journalists or media stations pick up and rebroadcast such information without caution, it makes the situation worse, to the advantage of terrorists. She urged the media to give ample time for security officers to conduct their investigations whenever terror attacks occur, saying when the media exposes terror investigations it allows criminals to change tactics thus making it a challenge for security elements to counter them effectively. Despite all these sentiments, there is no scientific link between the cause and effect
relationship of media coverage and the spread of terrorism. This calls on the media to strengthen its self-regulatory mechanisms in the face of increasing terror threats in the country. If it was in the power of the security chiefs, the terrorists should be given ‘media blackout’ to diminish their influence and power. According to General Karangi, to achieve maximum publicity, the terrorists recognise that the best route to recognition is through the use of traditional news channels. Often, the media has played right into the hands of the terrorists and other militia groups by offering them social media platform to communicate their victories and spilling the weaknesses portrayed by security officers. Indeed perusing through social media outlets of the media houses, one would see a competition of sort to break news regarding terror attacks and even rumours of attacks. This can be attributed to lack of quick information from the security agents leaving the journalists to rely on own sources and investigative prowess to piece facts together. It is apparent that when it comes to coverage of
national security issues, the police and media adopt an adversarial relationship. This is because the police tend to guard information jealously whereas the media thirsts and even competes amongst themselves to release ‘the often classified’ information.
Unfortunately, the said information was not in the hands of the media meaning it was not in the public domain. The big question is if the information had been shared with the media and the public, would it have deterred the attackers?
In the said meeting, General Karangi said the four terrorists responsible for the Westgate attack were killed during the government security operation and their bodies handed over to the US Federal Bureau of Investigations. This information, if indeed was true, had apparently been hidden from the media for weeks and it left the media to gesticulate on what happened to the ‘slain’ terrorists.
The media and by extension, journalists should however know they have role, albeit passively, to promote national security, and avoid creating avenues for spread of hate speech that in turn ignites negative emotions.
This calls for the media and the gate keepers of national security information to strike a balance and reach an agreement on how to share information without jeopardizing public security.
Kenya apparently is yet to heal for the political and tribal polarisation which climaxed in the 2007/2008 post-election violence. Throughout the campaign period and during the violence, Kenyans took to the social media to trade unprintable abuses and ethnic slurs, making the already bad situation worse.
In a recent attack in Mpeketoni town, Lamu County, attackers descended and killed over 50 people in June. In his address, President Uhuru Kenyatta conceded that indeed intelligence had information about the attack but the security authorities did not act.
This calls for strict moderation of content shared on the media online platforms including blogs, websites, twitter, YouTube and Facebook.
Platforms for mainstream media outlets were not spared either since readers could leave trail of abusive comments below stories published online. Because social media
Political rallies record heightened activity on social media platforms.
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platforms are popular with readers, lack of moderation would offer a fertile ground for hate speech spread and leading to ethnic polarisation. The social media is particularly powerful in Kenya since the service can be accessed via mobile phones. These handheld gadgets are getting cheaper and cheaper meaning most Kenyans can access them. Of course it will be difficult to censor and determine what the public shares on the social media but the media can sieve content on its own platforms. The media is so powerful and audiences tend to trust more what journalists or media say that what the ordinary citizens say whether offline or online. This is the reason why media should be extra careful with information it dispatches via its social media outlets. Unless caution is observed, twitter accounts, YouTube channels and Facebook pages of media outlets or journalists would serve as a megaphone for terror groups and militias in their quest to unleash terror in society.
Referring to the coverage of the ‘Westgate siege’ General Karangi complained that in the Western Countries, people rarely see live footage of activities when terrorists strike, unlike in Kenya where this is now becoming common. The military chief noted that the events that occurred during the Nairobi mall attack were covered live by most local and international media houses, ‘giving the terrorists the oxygen they need to survive.’ In other words when the media shouts out what the security agencies are planning, it gives militants a perfect chance to monitor the activities and evade justice or plan further attacks. Media’s use of social media is not all doom though. In instances of terrorist attacks or national security threats, citizens need quick information to help them act or move away from danger zones. An example is when terrorists blew up two commuter buses along Thika Super Highway. The media was quick to alert Kenyans via the
social media, telling them to avoid the route and avert unnecessary traffic jam. The media is also credited for having used the social media to rally Kenyans into donating blood to help the Westgate casualties. Through the #WeAreOne hashtag, the media was successful to unite Kenyans and generate a conversation that was directed at encouraging the victims and security forces. In such instances of confusion, the social media, (especially via mobile phones) becomes one of the most effective to reach many people who may not necessary be close to a television set or a radio. The security forces should however note that their attempt conceal facts only opens the online forum users to peddle rumours which may end up hurting their operations. James Ratemo is an Online Journalist and Digital Media Trainer at Internews in Kenya. jratemo@gmail.com
‘This was the first time I had been shot at’ Standard Group award-winning journalist, NYAMBEGA GISESA, gives his blood-chilling experience covering the Kenya Defence Forces hunting down alShabaab in troubled Somalia.
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n May 2012, carrying a back bag with two change of clothes and an extra pair of dirty socks I boarded a flight from the Jomo Kenyatta International Airport to Somalia. It was my first visit to the war-torn Horn of Africa nation. My brief was to cover the African Union Mission in Somalia (Amisom) forces fighting the al-Shabaab militants. I did impressive stories on the Burundian and Ugandan troops in Amisom whom I felt did better fighting the enemy than the Kenya Defence Forces (KDF) whom I described as “sleeping on the job.” I was utterly impressed by a Ugandan commander carrying a walking stick instead of a gun who showed little emotion when pointing at the dead al-Shabaab militants. His eyes were dark, flat and lifeless. I did not
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know my phrase “sleeping on the job” just pricked a nest of wasps. The Kenyan military was extremely annoyed with me. Immediately the stories went online, a Colonel called me requesting I travel back to Somalia to cover the “good work” KDF was doing. It was more of an order than a request. The following week, I was on board a Kenya Air Force carrier to Somalia. Within the first hour of touchdown, we were ambushed by al-Shabaab about 10 kilometres from the Somalia border. The shooting ahead of the convoy was intense. A signal on the road announced that some men ahead of us in the convoy were injured. I got scared to even pray. This was the first time I had been shot at and
Nyambega Gisesa
not just by a simple weapon but by scores of assault rifles and machine gun fire power. I was unprepared, inexperienced and in a war zone. I had no helmet, no flak jacket, no money, no health insurance, no first-aid training, or even the basic idea about working on a conflict zone. I did not even know how to fire a pistol. By the time I was travelling to Somalia, my only portfolio of published work in conflict comprised a handful of university student strikes and the usual fights between hawkers and the police within Nairobi CBD. Sometimes I look back, and see how pretty stupid I was. I think I was insane. The only consolation was terming myself Chinkororo, the traditional warriors of the Kisii community.
The Kenya Defence Forces in Somalia.
I had a light moment later on when a security expert told me being “Chinkororo” isn’t regarded as adequate protection against an AK-47 round travelling at 715 metres per second. I had travelled to Somalia in search of a story that could persuade a news editor in Nairobi to give me a chance to prove myself. The combat assignment would earn me some awards in journalism. The articles contributed to the five awards I won during the Media Council of Kenya Annual Journalism Excellence Awards including the prestigious Journalist of the Year that I accomplished before my 25th birthday. Being in Somalia enabled me portray the war in a close-up fashion that showed the world how fighting the al-Shabaab was like, how the conflict was for the victims and what it was
like for the soldiers. I learnt journalists are expected to run toward the battle and not away from it. Covering KDF operations comes with great physical, psychological, mental torture and pronounced personal risk. Doing the work required tremendous dedication, tremendous willingness to put myself at risk and tremendous physical stamina. I survived for days on biscuits and extremely nasty tea prepared from mixing tea leaves and dirty cold water since I could not stomach the packed meat and beans. It was an incredibly dangerous place with poor conditions. We rode through the jungle being strafed by machine-gun fire and crawled through wet and muddy grounds when the enemy ambushed.
The drivers dodged bullets and played death with land mines. I remember in one incidence, a hyena was tossed, cut into pieces and roasted by land mine a few moments before our convoy passed through the road. There was also the night tales of cowardly and gallantry act in the war that we engaged on as we counted hours praying for dawn to come. I was told of how a naked battalion commander ran for shelter when the militants ambushed a base when he was taking a shower. One battle was described as a slaughter rather than a war. The militants had attacked a KDF base that had less than 100 men. However, the Kenyans braved the fight and by the morning hundreds of al-Shabaab were dead. “We could not manage to bury the bodies and in the coming days, the whole place was stinking of rotten human bodies. The hyenas April - June • 2014
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were over-fed,” a soldier told me. Embedding made me understand the military’s culture and operations. I learned very quickly to put KDF in the lead. I learned that even in situations where our military had committed a crime or where I felt their progress was not impressive, the editor in Nairobi could not publish the story. He always had his own angle. In fact, the media in Kenya reported conquests of towns that KDF had never stepped foot on. When I bitterly complained to my editors telling them that I was the one on the ground, they gave a defence that the information came from the official KDF channels. I came to learn that when war breaks, truth becomes the first causality. It made me understand that you can’t get true information in a war without going to the place where people are being shot and they are shooting at you.
The Westgate mall attack is a good example on how the military and government conspired to keep the truth of the terror attack from the whole world. Our coverage of how the military works to protect us, is more than often impaired because the military provides scant and at times distorted information. When KDF finds out that you have managed to gather information that makes them uncomfortable, they discredit you and try to bar you from covering their functions. During my last assignment on KDF which was about detailing the challenges facing the families of fallen soldiers, the military requested fellow reporters to keep away important information from me. This was despite the fact that I was the initiator of the project. Two months ago, I broke the news of controversial Court Martials against dozens, a number that could go to hundreds, of exsoldiers that KDF accuses of being deserters. The military obviously never wanted the word
Nyambega Gisesa’s stories on KDF in Somalia won him the Annual Journalist of the Year Award in 2013.
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to come out. The result? KDF denied entry to both KTN and Standard from covering the Court Martials but allowed other media houses to cover and ordered them not to share the footage. However, even when facing the strongest public criticism I have always remained a supporter of military initiatives to secure Kenya. I believe more often than not KDF gets misreported by journalists who do little to study the culture and operations of the military. For instance, it has been difficult to explain to fellow reporters why every KDF man or woman is not a military officer. Nyambega Gisesa works for Standard Group, Special Projects and Investigation Desk. He was the 2013 Journalist of the Year. engisesa@gmail.com
Accreditation Pursuant to sections 4, 6(h), 23(c) and 46 of the Media Council Act no 46 of 2013, the Media Council of Kenya undertakes Annual Accreditation of journalists practicing in Kenya for purposes of compiling and maintaining a register of journalists, media practitioners, media enterprises and media training institutions in Kenya. Accreditation fees • Local Journalist: Ksh 2,000 • Foreign Journalist: Ksh 10,000 • Foreign Journalist (Short Term - 3 Months): Ksh 5,000 • Student: Ksh 300 • Card Replacement Fee: Ksh 300 Requirements for Accreditation • A letter from the employer; • Freelance/journalists accrediting for the first time are required to produce a letter of reference from the organisation they correspond for, a portfolio of work done and proof of professional training; • A clear passport photograph taken on white background; • Accreditation fee (Ksh 2,000 for local journalists, Ksh 5,000 for foreign journalists staying for less than a year, Ksh 10,000 for foreign journalists staying for 1 year and Ksh 300 for students). Students should produce a letter from school and a student ID. • Foreign Journalists are required to provide the following: • A letter from the employer • Professional Certificate that is either a Degree or Diploma in Communication from a recognised training institution • Portfolio of work done either in Print or Broadcast (Please provide the work not website links) in addition to a clear passport size digital photograph, a valid work permit and Passport. Card Replacement: Lost press cards will only be replaced upon production of a police abstract and letter from the employer stating the loss. IMPORTANT TO NOTE 1. Certificates and portfolio should be provided by ALL journalists accrediting for the first time with the Media Council of Kenya. 2. First year students are not eligible for accreditation. Training institutions are advised to issue them with introduction letters when carrying out field based assignments.
In case of any queries, contact us at: accreditation@mediacouncil.or.ke
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reporting?
Under the Enhancing and Up-scaling Media Safety and Journalistic Professionalism in Kenya project, the Media Council of Kenya with support from the International Media Support (IMS) responds to the needs for mechanism and capacities related to ensuring the safety and protection of media practitioners in Kenya. The MCK runs a web based alert system for journalists in distress and carries out a rapid response operation for journalists based in Kenya.
+254 702 222111
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