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The Media Observer June 2009
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he Media Council of Kenya is an independent national institution established by the Media Act, 2007 as the leading institution in the regulation of media and in the conduct and discipline of journalists.
Vision A society where media freedom is respected, upheld, protected and maintained and where journalists, media practitioners and media houses are professional, responsible and adhere to media ethics.
Mission To promote media freedom and professionalism as well as arbitrate media disputes and educate the public and journalists and other media practitioners about the media and its role in society. To ensure eective implementation of the above, the Council will keep a register of all journalists and media enterprises operating in Kenya.
Functions Mediate or arbitrate in disputes between the government and the media, between the public and the media and intra-media. Promote and protect freedom and independence of the media. Promote high professional standards amongst journalists. Enhance professional collaboration among media practitioners. Promote ethical standards among journalists and in the media. Ensure the protection of the rights and privileges of journalists in the performance of their duties. Advise the government or the relevant authority on matters pertaining to professional, education and the training of journalists and other media practitioners. Make recommendations on the employment criteria for journalists. Uphold and maintain the ethics and discipline of journalists. Compile and maintain a register of journalists, media practitioners, media enterprises and such other related registers. Conduct an annual review of the performance and the general public opinion of the media, and publish the results. In addition, the Council strives to build capacity at the Secretariat to eectively and eďŹƒciently deliver the Council mandate.
The Media Observer June 2009
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What’s inside
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26 Editorial News Updates African Media in a globalised world: Which way?
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Journalism in a world without borders: Opportunity or threat? We have seen our worst enemy-and it is us We can only be good as we are credible
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Those who fight freedom of the press are enemies of a free society
Interview
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Wangethi Mwangi: An extraordinary career 20 - 23
The Big Debate
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Peace-making versus professional independence
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Be sensitive, promote dialogue
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The Code Made Easy
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A matter of trust between journalists and their sources
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Complaints
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It’s mostly about accuracy and fairness
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Where They Are Now
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A date with Martha Mbugguss
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30 - 31 32 - 34
The Media Observer June 2009
Editorial EDITORIAL TEAM Council Chairman Mr. Wachira Waruru Vice-Chairperson Ms. Susan Kasera Members Ms. Neema Wamai Mr. Hanningtone Gaya Mr. Peter Mutie Mr. David Ochami Mr. Joseph Odindo Mr. Okong’o Omogeni Ms. Wambui Kiai Mr. William Oloo Janak Mr. Ezekiel Mutua Dr. Levi Obonyo Mr. Hiram Mucheke Executive Director Esther Kamweru Editor Lucy Oriang’ Editorial Coordinator Moses Okinyi Contributors Wachira Waruru Mitch Odero Dorothy Kweyu Levi Obonyo Kajubi Mukajanga Moses Okinyi Otsieno Namwaya Design and Layout Imagemate imagemate@fastmail.net 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. The Media Observer is a publication of the Media Council of Kenya published quarterly with assistance from Ford Foundation.
The Media Observer June 2009
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elcome to the new-look Media Observer. It has been a long time coming but all’s well that ends well, and we at the Media Council of Kenya are sure you will find plenty to get your teeth into in this edition. We hope you will give us feedback not only on the Media Observer but also on how the council can serve you better. Our lead story captures the essence of the conference on African Media in a Globalised World, which the council hosted to coincide with World Press Freedom Day in early May. Besides the challenges that our media face in a world in which the Internet has broken down all borders, participants from the Eastern and Central African region focused on such critical matters as regulation and press freedom. We bring you thought-provoking articles from the very best that the region offers. Levi Obonyo of Daystar University expounds on the Windhoek Declaration and its place in the constant drive towards achieving press freedom. He also throws the ball back at the profession with his argument that, perhaps, the greater threats to press freedom may not be found where we traditionally expect them. Read all about his views on the place of big business in curtailing the bedrock of freedom of the press. And then see what you make of it when he turns his sights on how the media may end up shooting themselves in the foot. Kajubi Mukajanga, the executive secretary of the Media Council of Tanzania, writes passionately on the vexed matter of regulation. It is as much an engagement with the matter that journalists fear most as with the manner in which journalists conduct themselves. He offers fascinating insights into the Tanzanian press, which should set you thinking about our place in the scheme of things—wherever it is that we practice our trade. The conference package ends with a thought-provoking commentary by MCK Chairman Wachira Waruru, which is truly a must-read. Also in this edition, we bring you an interview with the Nation Media Group Editorial Director, Wangethi Mwangi, who walks us through his career as he prepares to retire. Turn to our last pages to read all about Martha Mbugguss, feature writer-turned lecturer at Africa Nazarene University, who has some interesting things to say about the state of the art in our industry. We have also introduced The Big Debate, which challenges the way we journalists look at the world and the very basic tenets of our profession that we cling so dearly to. Do keep the communication channels open and talk to us. The Media Council of Kenya is here to serve your interests, and we would like to know what you think of us, what you would like to see in your magazine and who. You are, after all, the reason why we exist. So do get interested, get reading and get involved!
Editor
Copyright: Media Council of Kenya, P. O. Box 43132, 00100. Tel: 2737058/ 2725032/ Mobile: 0727735252 info@mediacouncil.or.ke, www.mediacouncil.or.ke, Nairobi Baptist Church Court Unit 3, off Ngong Road.
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News Updates
Campaigning against hunger
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n January 2009, President Mwai Kibaki made a Sh37 billion appeal for food donations to feed millions of Kenyans who are starving.
Mercy train
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In response to this, several media houses have been actively involved in spearheading campaigns for food donations.
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s the food insecurity situation worsened and the number of people going without a meal a day rose, the Standard Group partnered with Capital FM and the Kenya Red Cross, Tuskys Supermarkets, Kenya Railways Corporation and Kenya Commercial Bank in a
campaign tagged Mercy Train – Tuungane Tuokoe Maisha. The initiative was aimed at mobilising funds and food for those facing starvation. The two phases of the Mercy Train initiative raised a total of Sh30 million in cash and food donations worth Sh5 million.
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Media Owners partner with Kenya Red Cross
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n January, the Kenya Red Cross reported an urgent appeal for food aid worth Sh1.9 billion to cater for over 2.5 million people out of the 10 million Kenyans affected by famine in the country. The Kenya Red Cross and the Media Owners Association joined forces to enable the Kenya Red Cross get free space and airtime in all media houses in their appeal for help from donors, well wishers and corporate bodies in order to reach their target.
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Parliament gets a new media centre
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n a move to improve coverage of its activities, Parliament has opened a multi-million shilling media centre. Speaking during the launch, Speaker Kenneth Marende said the move was part of a wider initiative to bring reforms to the House. The newly-enacted Standing Orders allow for live coverage of parlia-
mentary proceedings. The media will only be allowed to take shots of MPs on the floor or the one actively involved in the debate. This, according to the Speaker, is meant to ensure that the media centre delivers useful information by restricting coverage to House business rather than “irrelevant matters and sideshows”. A Parliamentary Broadcasting
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Nation staff climb Mt. Kenya
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wenty five Nation Media Group staff from Kenya, Uganda and Tanzania climbed Mt Kenya in January to raise money for millions of hungry Kenyans. In a collaborative initiative that included the Standard Chartered Bank and East African Breweries, the project targeted to raise Sh8m after climbing 8,000 feet to the top of Africa’s second highest mountain. Nation Media Group donated a total of Sh3.3 million, with corporate partners raising a total of Sh5.8 million and individual donors Sh1.4 million, bringing the total sum raised Sh10.5m.
Unit (PBU) has also been set up in a move to spearhead the dissemination of House reports to the public. Parliament also launched a Kenya Parliament magazine, which will be distributed to every province and selected secondary schools, churches and mosques. A media relations office and a public relations office have also been created to help in liaison with the media. The project received Sh85m from the US Government Agency for International Development.
The Media Observer June 2009
News Updates
Six Kenyans in CNN African Journalist of the Year Final
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inalists in the prestigious CNN MultiChoice African Journalist of the Year 2009 Competition were announced in May by the Chair of the independent judging panel, Azubuike Ishiekwene. Kenya dominated the list of 25 journalists from 12 African countries with six nominees, including KTN’s James Moturi Mogaka, John Benson Mwangi and John Allan Namu. Others are Sammy Muraya of Metro FM, Violet Otindo of K24 and Boniface Mwangi of Expression Today. Photojournalist Mwangi was also a finalist for the 2008 Award. The competition, now in its 14th year, received entries from 836 journalists from 38 countries, including French and Portuguese-speaking Africa. The award was founded in 1995 by Edward Boateng (formerly Africa
Regional Director for Turner Broadcasting, CNN’s parent company) and the late Mohamed Amin to recognise and encourage excellence in journalism throughout Africa. To enter the competition, the journalist must be an African national and work on the continent for Africanowned or headquartered media organisations that produce a printed publication or broadcast through an electronic medium (television broadcaster, radio station or website) primarily targeted at and received by an African audience. Entries for the 2009 Awards were those published or broadcast in 2008. The award ceremony will be held at a gala evening at The International Convention Centre, Durban, South Africa, on July 18, 2009.
Daily Metro folds
Accreditation of journalists
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he Media Act 2007 gives the Media Council of Kenya the mandate to “compile and maintain a register of journalists, media enterprises and such other registers as it may deem fit”. In keeping with Section 19 (1) of the Act, the Council gave notice in the Kenya Gazette of January 30, 2009, of accreditation fees payable by all journalists operating in Kenya for the year. Local journalists are expected to pay Sh2000, foreign journalists operating in Kenya Sh10,000 and international journalists on short time assignments of up to two months Sh5,000. The Council has accredited 260 local journalists so far, with The Standard Group leading at 198. Homeboyz Radio and Hope FM have accredited 24 and 11 respectively. Mbaitu and Newstar TV have six accreditations each, World Vision four and Sifa FM 2. Governance Forum and Ridgewood Ventures have one each and there is one freelance journalist registered.
he Nation Media Group’s Daily Metro stopped publication on April 17, 2009. The newspaper, set up as a low cost mass circulation daily targeting young people, had been in circulation for 17-and-ahalf months. The management said the move had been necessitated by a difficult trading environment. An editorial in the last issue of the newspaper cited little advertising and slow sales growth at a time of rising costs as the reason the Daily Metro folded up. The paper initially sold in Nairobi before expanding to other parts of the country. It sold at Sh20.
The Media Observer June 2009
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African Media in a globalised world: Which way?
Trends
Journalism in a world without borders: Opportunity or threat? MITCH ODERO
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eveloping countries seeking to “domesticate” globalisation have taken up the mantra Think Global, Act Local. It acknowledges that they have issues that are relevant globally but policy solutions have to be focused locally. This thinking is also driven by the hope of media that are rich in diversity and that are shared by everybody. In reality, though, media mergers have concentrated power in the hands of a few powerful media conglomerates. Globalising the media should mean that diverse voices, images and opinions are heard and seen worldwide. But this is not so. Current trends in communication and information conform to the larger trend in globalisation. Cyberspace is perhaps one area where there is the illusion that globalisation has resulted in international sharing of information. The internet has certainly equipped people to share information, run consultations and increase their networking capacities. But it is killing newspapers and more so in Africa, where the population of
traditional adult newspaper readers is shrinking while the population of youth is rising dramatically. These concerns brought representatives of national media councils from eastern, southern and central Africa to Nairobi for a conference on Media in a Globalised World: The Impact of New Media on Journalism. The Media Council of Kenya played host to the conference held on May 2 and 3 with the support of the Ford Foundation. The last day of the conference was dedicated to marking World Press Freedom Day. Opening the conference, Permanent Secretary for Information and Communication Bitange Ndemo noted that these days anybody with a telephone and a computer can become a publisher online in a global world without global ethics. The world, he noted, is increasingly divided between information-rich nations and the information-poor—between nations possessing sophisticated information and those that do not, creating greater disparities than simple material wealth.
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Since education is trafficked as information, some go as far as saying that the next wave of colonisation will be that of the mind, which will be worse than the older version. He noted that the impact of evolving technology that transmits all kinds of information to all people in different languages has created the so-called One World. The question is: Whose world is it really? Along with expanded information services such as the internet comes the potential for abuse. Plagiarism— what is sometimes referred to as copy and paste journalism—is finding its way into the profession. Accordingly, borrowed work is paraded as original pieces while images can be manipulated. Dr Bitange added: “During the last general election in Kenya, mobile phones became campaign tools for conveying mostly misleading messages, including hate messages, to millions of Kenyans.” He went on to challenge journalists to develop media models that portray the rich values of
The Media Observer June 2009
Trends Africans instead of depending mechanism for the media? Would on Western models, some of that be asking for too much in which state that news is when a the interest of maintaining high man bites a dog and “must bite standards in your service to the deep enough to bleed so that public?” the story leads”. He noted that there was a “Must the media be tendency in which news is so pessimistic all the time and opinionated that one would think paint bleak and barren picture journalists were the paragons of our lives and times? Must of virtue. “News and views are media minds be often set for blended as if falsehood and truth gloom and doom or should can mix. They seem to subscribe the Press instead lead towards to the thinking that news is merely hope, new realities of good a matter of views and truth is enormous promises which only in the eye of the beholder. await our people?” Opinions after all, are The PS added not monolithic,” he that he was not trying added. to argue for “good The Executive Your audiences news” as opposed Director of Media to “bad news” but Council of Kenya, can be critical “how much of the Ms Esther Kamweru, consumers of banner stories noted that there was your products really constitute vital a time when the information the public newspaper business who question seeks to help them seemed to be the “ts” and improve their lives”. bathed in a golden “I believe that the glow. Journalists felt dots in your media should flag they were the most reports. the truth. It is another important agents of thing to constantly fly correction in a society the red flag of crisis with many ills. when at times such a With the crisis does not exist. emergence of the new I wonder if the media media in a globalised take account of the damage world, the bubble seems to have caused to society by their mind burst—especially after radio set for pessimism.” and television sets became African media, he said, affordable. Besides, there were ought to empower their over 600 bloggers churning out audiences by promoting media news and commentaries. literacy so that “your audiences She added: “They are not can be critical consumers of subjected to Kenya’s Newspaper your products who question the and Books Act which also “ts” and dots in your reports”. requires a Sh1 million bond to be And since the media hold executed for registration. It takes others in society up for scrutiny, only few minutes to be a blogger. he added: “Is it not only fair that They are joined by other online the same is done to the media? publishers who could be based How about a peer review anywhere in the world, from
The Media Observer June 2009
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where they focus on our regional markets.” According to studies conducted in various countries by the World Institute of Press, based in Maryland in the USA, almost 500,000 Kenyans visit websites daily, most of them young people. It is the trend Africa-wide and newspaper circulation rates have dropped in many countries. In addition, millions of people who own mobile phones can access news reports and listen to various radio programmes. She noted that reports from the World Bank and the African Development Bank indicate that the global economic crisis will hit Africa. “The economics of publishing and broadcasting depend largely on advertisement revenue. The media are also businesses which require stable economic environment. History has taught us that where recession has been experienced, the media have suffered.” mitchodero@gmail.com Mr Odero is the former chairman of the MCK Ethics and Complaints Committee
African Media in a globalised world: Which way?
Press Freedom
We have seen our worst enemy-and it is us LEVI OBONYO
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reedom of expression is not just about legal niceties. It is also about an enabling environment. It is important, therefore, that journalists are equipped with the capacity to exercise their role. There is a proliferation of training institutions in Kenya today, the majority of them seeking to produce journalists who are better prepared for the job. That task would be helped along if we were confident that these training institutions were doing a sterling job. Our cities and major towns are packed with media schools whose menu of courses includes anything that could attract the extra student. The quality of this training is often not regulated. The Media Council of Kenya is putting in place a regulatory system that would monitor these institutions and ensure that they really do offer quality education. The council should hasten that process. As long as our journalists are not sufficiently equipped to gather and disseminate information, they will not know what to do with the freedom
that is due to them. But training and an enabling environment offer no guarantee of achieving the freedom envisaged in the Windhoek Declaration that came out of the twenty sixth session of Unesco’s General Conference. World Press Freedom Day, celebrated on May 3, is a child of the meeting in the Namibian capital from April 29 to May 3, 1991.
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The media must be equipped to enable journalists do their work effectively. Unfortunately, the focus is often on the hardware in the newsroom rather than ensuring the security of journalists. The Kenyan journalist is often sent to a dangerous environment without adequate equipment. They cover riots without protection. They are not
The Media Observer June 2009
Press Freedom psychologically prepared for and protected against the vagaries of the environment they are constantly exposed to. In the post-election violence of last year, few journalists received any preparation on how to deal with the scenes of murder and destruction. We in Kenya have undergone a sea change in circumstances compared to the situation two decades ago. But we are not out of the woods yet. Too often, attention is focused on the role of the other three estates and the pressure that they bring to bear on the media. I am under no illusions that those threats are real. The Executive, Judiciary, Legislature and civil society have the desire, reason and capacity to interfere with the environment in which journalists work. Too frequently, they hinder free gathering and dissemination of information. There are also subtle threats that today’s media face along with the traditional ones. When the Executive threatens the media, we can only hope that the citizens will rise up and threaten to vote it out in five years if it does not let go. If the Legislature threatens the media, we would like to believe that the risk of being voted out will scare it off. If the Judiciary threatens the media, we should be in a position to believe that sense will prevail among the learned friends. But perhaps the biggest threat to press freedom and democracy may not be the usual suspects. The greater danger may come from big business and institutional regulatory systems that are often driven by advertising, vested interests and influence peddling. These threats present themselves as angels of mercy,
The Media Observer June 2009
Kenya was ably represented at the regional conference by the following members of the Media Council of Kenya:
Dr. Murej Mak’Ochieng’ - Member, MCK Complaints Commission.
Mr. Mitch Odero, former Chairman MCK Ethics and Complaints Committee
Dr. Levi Obonyo, Member, Media Council of Kenya.
Ms. Esther Kamweru, Executive Director, Media Council of Kenya.
speaking the language of freedom without any interest in freedom. Today, media ownership is converging. The days are long gone when owning media was left to idealists whose only interest was to do journalism. We have consequently lost some of our space. This is contrary to the second Windhoek Declaration, which says: “By an independent press, we mean a press independent from governmental, political or economic control or from control of materials and infrastructure essential for the production and dissemination of newspapers, magazines and periodicals.” What do we have instead? Today’s journalism is about the shilling, not information. Advertisers have spread an elaborate network to monitor content. They spend their money only in media houses that do their bidding and carry content that they agree with. Stories are killed because the big spenders do
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not like them, even though they are newsworthy. Concentration of media ownership in this globalised world may make good business sense but it certainly does not make good journalistic sense. The third Windhoek Declaration reads: “By a pluralistic press, we mean the end of monopolies of any kind and the existence of the greatest possible number of newspapers, magazines and periodicals reflecting the widest possible range of opinion within the community.” We mourn the folding up of the Daily Metro. History will judge whether or not it presented additional opinion in the community but the priorities of business are different from the priorities of journalism. Shareholders care only about how stories reflect on the balance sheet. This is a threat to journalism and to free press. The emerging trend where accountants and marketers are the leading voices
Press Freedom do not like you or what you are in editorial decisions is a threat saying or that they disagree to our trade. with what you are saying. Concentration of ownership They are both a threat to also limits the diversity of the freedom of expression. Could press. To what extent does the we in Kenya be close to that press reflect the face of our threshold? Have we already nations? We have witnessed a crossed it? development in Kenya that is Freedom of the press is threatening indeed. also threatened when much Parliament recently passed of the information gathering a bill that the President is conducted by poorly paid signed into law. The Kenya correspondents Communications and journalists (Amendment) who have no Act 2008 was, bargaining to say the least, power. This badly handled. goes against By a pluralistic The media, in the spirit of their collective press, we mean the Windhoek wisdom, decided Declaration. the end of that there were A big part sources that monopolies and of the job of would not be the existence gathering given airtime information and space. It of the greatest in Kenya is may have been a possible number conducted by tactical tool in the correspondents media’s arsenal of newspapers, who are poorly but it was also a magazines and paid and threat to freedom poorly provided periodicals. of expression. for. They are The a threat to government freedom of the spokesman press. Perhaps had to resort to we have seen issuing leaflets our worst in the streets. An enemy—and it is us. institution that can reduce the The Windhoek Declaration government to such indignity condemns censorship; is powerful indeed. It is a threat encourages freedom of to freedom of expression in its expression; repudiates own right. murder, arrest, detention, There is no difference censorship, economic and between the media and a political pressures; encourages dictatorial regime if they constitutional guarantees of unilaterally throw out all the freedom of the press and guidelines of freedom of association and calls for expression and decide to deny cooperation among African you voice, space and time journalists and African media. purely on the basis that they
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We need to take note of Declaration 12: “To assist in preservation of the freedoms enumerated above, the establishment of truly independent, representative associations, syndicates of trade unions of journalists and associations of editors and publishers is a matter of priority in all the countries of Africa where such bodies right now do not exist.” Our country, as relates to the freedom of journalists, presents a sad case. Trade unionism is not thwarted by the Executive, the Legislative or the Judiciary but by an incendiary force that should be the champion of press freedom. The media cannot pick and choose which Windhoek declarations to enforce and which ones to gloss over. It is the combination of all these freedoms that contribute to freedom of the press. We have no option but to call on all those forces that impinge on the declaration to recognise the spirit of Windhoek and let the media be truly free. As we reflect on 18 years of the Windhoek Declaration, let us collectively consider what the Executive, the Legislature, the Judiciary and the fourth estate can collectively do to expand the democratic space. We have come far and we still have a distance to travel. Let us do so together. lobonyo@gmail.com Dr Obonyo, a member of the Media Council of Kenya is head of the department of communications at Daystar University
The Media Observer June 2009
African Media in a globalised world: Which way?
Regulation
We can only be good as we are credible KAJUBI MUKAJANGA
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ince the advent of modern mass communication, attempts to regulate the media have accompanied each new development, whether positive or negative. The reason is simple: The media are very powerful and everyone would like to regulate, even control, them so that they work to serve certain interests; so that they do not exceed certain ‘limits’ and jeopardise certain interests or established standards and accepted traditions. The status quo must be maintained and the media have a tendency to upset the apple cart. These fears may or may not be founded, but in most cases they are real. The media have helped bring about gargantuan positive change in our societies. In Tanzania, as is the case in other countries in this region, the media have helped shape outlook and attitudes. The media’s contribution to issues such as changing perceptions regarding long held traditions like female genital mutilation in some societies, cleansing rites for widows, gender discrimination and the stigma attached to physical disabilities cannot be overstated.
The Media Observer June 2009
The media are very powerful and everyone would like to regulate, even control, them so that they work to serve certain interests.
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The media played a pivotal role in campaigns against hunger and mobilising people during Tanzania’s 1978/79 war with Uganda and in challenging apartheid as well as the numerous liberation struggles across Africa in the 1960s through to the 1980s. Yet the media have also been a bed partner in unspeakable atrocities. Media outlets have been known to peddle lies, distort the truth, promote stereotypical thinking and behaviour and encourage racist tendencies. In the worst case scenario, media professionals have joined gangs of rogue politicians who promote civil strife, leading to genocide. So the question of media regulation is closely linked to the power that media wield: the power to create and shape on one side and to shame and destroy on the other. There is enormous trust that the masses have in the media that borders on the naïve. If there is an argument between people in Tanzania, all one has to do to win the argument is to invoke the media: “Hata redio imesema/gazeti limeandika” (Even the radio/newspaper said so). If it is printed in the papers or
Regulation broadcast, it must be true. The Executive, Legislature and Judiciary draw their legitimacy through the ballot box and the constitution. That of the media is in the public service it purports to render. If media behave in a way that completely erodes the trust the people have placed in them, they will lose this legitimacy. Credibility is the very essence of the media. There is a lot of power and trust in the equation and we cannot afford to abuse this power and trust. We are only as good as we are credible.
duty of correctly and professionally informing the people, then such regulation becomes an enemy. Many of our countries still have laws that were inherited from the colonialists, whose overriding intent when legislating was to ensure that the natives were subjugated not only physically but also mentally. Control information and you control the mind. In some of our countries, cosmetic amendments have been made to the colonial laws, leaving the essence intact. Yet media-friendly legislation can
It is not restricted to journalists and the press. It is the right of all citizens. Whereas freedoms are not necessarily enforceable, rights can and should be followed by legislation for enforcement. At the beginning of this decade, we in Tanzania agitated for a progressive information policy. We put up a spirited struggle and, in 2002, the government passed a policy that took on board about 80 percent of stakeholders’ proposals almost word for word. Yet a good policy that is not followed by requisite legislation
Regulation should serve to make sure that we deliver on our mandate ethically and responsibly. It is, therefore, imperative. But whether it becomes a friend or foe of the media depends on whether it is intended to ensure quality service to our people or to create unnecessary bottlenecks, even outright hindrance. If the legal regime is designed in such a way that it becomes extremely difficult to start a media outlet, or having started one, it becomes a nightmare to carry out the legitimate
hardly be offered on a silver platter. In most cases, you have to fight for it. And when you think you have made any gains, you need to jealously guard them because experience has shown that there is no gain in this domain that cannot be undone. Regulation at the legal regime level should ideally start with a framework legislation that will seek to legislate for not just freedom of information but also the right to Information. This is a human right.
is not of much use. We therefore had to start another campaign for the kind of laws that would make the policy practical. Two years ago, the Government published a draft Freedom of Information Bill on its website. It was a disaster. The purported new law was nothing but a cut-and-paste affair lumping together sections of the various discredited laws. In some cases, the proposed law even sought to undo the gains that had been made.
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The Media Observer June 2009
Regulation The uproar that followed the world tend to be control helped the Government see freaks. When this happens, sense and it agreed to put the differentiating between the bill on hold until the opinions interests of the government of of stakeholders were collected the day and those of the public and processed into concrete becomes a problem. proposals. For such statutory regulaA coalition on the Right to tory bodies to be independInformation, bringing together ent and be seen to be so, it 11 organisations, has since is important that they are not been formed under by the Mesubjected to the whims of the dia Council. The coaliminister of information. tion has co-ordinated An arrangement to enan inclusive process of sure accountability to collecting stakeholders’ Parliament, rather than views. Two proposed the line ministry, would Bills—the Right to Inforhelp ensure the needPeople mation and the Media ed freedom. Funding have at Services Bill—have decisions should not times taken now been presented to be left to the wishes of the government, which the minister. Moreover, issue with has promised to take legislation should government the into consideration the not give the minister funding. proposals when draftundue coercive powing the final Bills that Yet it is not ers. will hopefully be taken People have at times necessarily to Parliament later this taken issue with “bad” for year. Knowing that laws government funding. media can be passed and yet Yet it is not necessarily not become operational “bad” for media reguregulatory because for lack of latory bodies, whether bodies. regulations, the coalistatutory or voluntary. tion is drafting regulaWhat is important is tions based on the that there are safestakeholders’ proposed bills. guards to ensure funding is not For any media law to have used to manipulate and control legitimacy, it should take on the regulatory body. The “arm’s board the broad wishes and distance” principle which has concerns of the stakeholders. worked well for public broadThe days when the people casters is an example where were subjected to laws they funding is not allowed to be did not participate in making used to arm-twist independent are over. bodies. Some people make a Laws might provide for lot of noise over funding from media regulatory bodies. The our own governments, yet only problem is that, almost they do not see a problem in always, governments that legaccepting support from foreign islate for the formation of such donors when money from bodies also want to control those donors is also governthem. Governments all over ment money.
The Media Observer June 2009
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Emerging trends and wisdom indicate that self-regulation in the media is the preferred way. Yet this is not just a matter of fashion. It is a matter of principle. Media professionals should be allowed to self regulate. Cynics question the ability of media professionals to clean their own houses and institute working peer oversight mechanisms. Such doubts become even bigger when the arrangement is voluntary, as is the case in Tanzania. The Doubting Thomas are not only within government or authorities. They are also within the media—with good reason. The biggest challenge facing voluntary self-regulation lies in the fact that such mechanisms presuppose a certain level of maturity in the professional ranks and a culture of civility and respect for both peers and the society we serve. Depending on people’s attitudes can be tricky. It is easier to legislate and spell out punitive measures against those who infringe on agreed standards than to hope that people will be gentlemen and ladies. There will always be rogue editors who will not respect such bodies, even if they are formed and owned by the professionals themselves. The Media Council of Tanzania enjoys an astounding 80 per cent to 90 per cent compliance rate. For each 10 complaints brought to the Council, eight or nine decisions of the Ethics Committee will be complied with. It takes an average of three months to dispose of a complaint at the Council compared to an average five years in our courts of law. Compliance is swift, normally inside 14 days. Still, there will always be the rogue editor. There have been editors who were brought before the Council and asked to apologise and give the right of reply, refuse
Regulation and end up being ordered to pay nine figure sums by courts of law and apologise under the full glare of television cameras! It is unfortunate that there are still in existence editors whose ego is just too big, and who imagine that a sincere apology is a sign of weakness, instead of strength and maturity. The other challenge for voluntary self-regulatory bodies is funding. Most media councils in Africa depend heavily on foreign donor funding. You cannot have rich media councils owned by poor media practitioners. As long as the financial position of media houses and journalists are precarious, these councils cannot be different. Voluntary, self-regulatory media councils are essentially courts of honour. An all-important requirement is that the governance structure be manned by people of high integrity in society, and the management should be above petty, parochial and stereotypical tendencies and attitudes. We media practitioners pride ourselves as professionals, as watchdogs, as keepers of the public good. But how many times do we stoop so low as to embrace ethnicity, tribalism, complexes of gender superiority and inferiority, ageism, or even become purveyors of unsubstantiated rumours, backbiting and flagrant mudslinging? As we approach the elections next year, you should see what has started happening in the Kiswahili media. It makes me wonder what happened to the good old values we were taught to uphold as professional scribes. Each big politician and prominent businessman seems to have his or her (but especially “his”) own stable of not just reporters but also editors waiting to do their master’s bidding. Media outlets are started with the express purpose
of maligning business and political competitors. Reporters and editors are literally up for sale. You can imagine how difficult it becomes to argue for more press freedom under such circumstances. But there is also the challenge of educating society to use the services of the self-regulatory mechanism. There is a Kiswahili saying that hupeleki kesi ya kima kwa nyani, literally translating into “it is foolhardy to sue a baboon in the monkey’s court”. They are of the same ilk. People are sceptical about such arrangements, for good reason. So many times, our people have been hoodwinked and shortchanged by people they trusted. It will take time and concerted effort to get society to trust such a body. What is certain is that if such a council can demonstrate beyond doubt that it is objective and impartial, given the state of the courts of law in most of our countries, people will soon realise that it is the place to go for speedy, inexpensive and sincere redress. The first advantage of self-regulation is that it is done by professionals. Professionals should be able to respect a body run by professionals. And when impartiality is proved, members of society have reason to trust a body run by “people who know”. Here is a mechanism that media practitioners will willingly subject themselves to. They are not coerced into submission. It is a system that does not seek to discredit or malign the loser, a system that seeks justice without vengeance. It is also a mechanism that is not designed to disgrace any of the two parties. A mechanism that seeks neither vanquished nor victor, but justice and respect for both parties. Yet this is a redress mechanism
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that is a lot less costly than others, including courts of law. It is fast, efficient and practical. And in the end, it is a learning experience for the media practitioner and media outlet, while at the same time being a fast and satisfying process for the aggrieved who are seeking restoration of their tarnished image. So is media regulation a friend or foe? It all depends on the ultimate objective of the regulation. If the objective is to gag and intimidate, it is an enemy. If the intention is to ensure high standards, accountability and professionalism, it is a welcome friend. Some kind of regulation is unavoidable. Levels of regulation and systems will differ from place to place. They will be determined by the history of the society, the maturity of the media, the cultural norms obtaining in the society, as well as ownership patterns. Still, at the end of the day, we cannot but observe that trends and best practice point towards independent self-regulation. Those who would like to support us, be they our governments or foreign and local donors, should bear this in mind. But the biggest question that we media practitioners will have to answer is: Do we imagine we can eat our cake and have it? Can we argue against government regulation, and at the same time refuse to respect self-regulation? Are we mature enough? Are we ready? If not, are we ready to try and work towards becoming better professionals, towards maturity, towards self-regulation? Mr Mukajanga is the Executive Secretary of the Media Council of Tanzania
The Media Observer June 2009
African Media in a globalised world: Which way?
Opinion
Those who fight freedom of the press are enemies of a free society WACHIRA WARURU
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s a communication principle, freedom is defined in terms of the unrestricted right to publish or broadcast without prior permission or licence—and without reprisal apart from the provisions of the law that apply to all citizens. But the media also cannot escape the need for a sense of responsibility as they practice media
The Media Observer June 2009
freedom.No society can claim to be free if it does not grant freedom of the press and freedom of expression. In effect, those who fight freedom of the press are enemies of a free society. Freedom of expression and freedom of the press are indispensable to a public capable of self-
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governing. They are also essential to individual development. If governments consider their citizens rational, they should allow maximum flow of information and opinions as the basis of their citizens’ need to make informed decisions. In terms of how democracy functions, a society’s stake in free
Opinion speech and a free press is obvious. Only through a clash of ideas and an open marketplace allowing the widest diversity of information can sound public policy be arrived at. The more freedom of the press, the more benefits accrued for the welfare of society. The credibility of the media and of the news and information they supply also depends on how much freedom they enjoy. Media consumers seek to be assured that the news and information they receive are not slanted due to pressure from the government and advertisers. Freedom of the press further encourages editorial independence to enable the media offer a wide range of views. Free media must be prepared to offend the powerful in society. They should also be prepared to express controversial views. The very foundation of our democratisation process should be freedom of expression and the press. Unfortunately, it has always been under threat. The media fraternity and civil society in Kenya have continuously fought attempts to muzzle the press. Following the post-election violence, the media were accused of inciting social and ethnic unrest. There were proposals that live broadcasts should be banned and some radio stations closed. Suddenly, Kenya was heading towards becoming a closed society. The impact of pre-election hate speech by politicians, which systematically aroused public anger, was not taken into account. Ethnic groups in Kenya are actually political communities with political agenda. Because of this, vernacular media work under challenging conditions. But this was not taken into account either. Among the most intimidating laws is the Defamation Act. Freedom
of the press stops at the point that the libel flag is raised. In a way, this has contributed to a culture of impunity because it keeps the watchful eye of the press at bay. Our courts tend to burden the media with proof supported by documentary evidence should we report that so-and-so is a thief when it is the thief who should bear the burden of proof. Corruption, which involves deals under the table, is hard to prove and so the media keep off. They resort to self-censorship and avoid investigative journalism. It is time the media, civil society and the public told the judges that we will no longer stand for multi-million shilling awards for reporting the truth as we know it. We must tell our legislators that there must be limits imposed legislatively on judgments for damaged reputation, particularly when such reputation is not clear to the public. We have no doubt come a long way. There was a time when there was an argument that, as a developing society, we were not well established enough to allow wholesale freedom of the press. Free press, some contended, would be a threat to national security and stability. The constitution or laws should offer a legal framework for a free press as an ingredient of a free society. This should include freedom for the development of media pluralism. The media should deliver on their promise to stand in the interest of the public against abuse of power and against social evils. wachirawaruru@royalmedia.co.ke Mr Waruru is the chairman of the Media Council of Kenya. This article is adapted from his speech marking World Press Freedom Day.
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And, now, food for thought for journalists
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n a free environment, journalism is considered a public trust. Professional ethics maintain the public trust and safeguard media integrity. The media fraternity should reflect on the following if we still believe in fulfilling our role as reliable servants of the people: Journalists should turn down subsidies (often offered to correspondents by politicians), bribes, handouts, freebies and junkets. They compromise our freedom, editorial judgment and professionalism. Journalists tend to be rated by how close they are to senior government officials and business and political leaders. This in turn influences news coverage of those “close� contacts. It is common for politicians, including MPs, to own media houses in Kenya, along with several other businesses. Conflict of interest is inevitable. Increasingly, there is a blurring of the lines between news and opinions in the print media. This is a dangerous trend. In the electronic media, entertainment often masquerades as journalism. This taints the real thing. There is an exaggerated tendency towards pessimism, a mindset that assumes the worst and risks bending reality to fit that framework.
The Media Observer June 2009
Interview
Wangethi Mwangi: An extraordinary career DOROTHY KWEYU has a chat with the Nation Media Group’s Editorial Director as he prepares for retirement
Q A
Please confirm speculation that you are leaving the Nation?
“It has been a long journey, but very rewarding and very fulfilling…”
The Media Observer June 2009
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I will be retiring fairly soon. I put in my letter indicating that I would like to leave at the end of April, but the board indicated they would want me to hang on a little longer while they look for a suitable replacement. I am required to give three months notice. It has been a long journey, but very rewarding and very fulfilling.
Q A
‘Very rewarding’… please expound?
I have presided over the operations of the Nation at some of its most critical moments. As editor, I have presided over several general elections, including some of the most tumultuous ones like the 2002. The days of the so-called Second Liberation, the crackdown on opposition politicians and journalists by the Moi government… The attempted coup of 1982 found me on the desk as
Interview deputy chief sub-editor. Then there was the (Foreign Affairs minister Robert) Ouko murder, when I was group managing editor. It was the very first time that I was involved in a serious blunder that cost the company a lot in terms of loss of credibility.
Q A
What was it that you did?
We published an affidavit, which had been signed but not tendered to the commission that was inquiring into the disappearance and subsequent murder of Robert Ouko. Allegations had been made against certain people, one of them a prominent lawyer, claiming he may have had a part in the disappearance of Ouko. We were found to have breached judicial proceedings and we were thrown out of the commission of inquiry for several months. Being barred from covering those proceedings was a huge blow to the Nation. I presided over that, and I still consider it one of my lowest moments.
Q A
Please give us the highs.
When I came to the Nation, we were a three-publication media house — Daily Nation, Sunday Nation and Taifa Leo. Today, we can boast of an expanded stable of products across the entire East African region. I’ve been at the heart of the transformation of the company in terms of acquisition new technology. The Nation has been a pace-setter and at the fore of a brand of journalism that’s very independent, very courageous and bold. We were the first newspaper company to transform our newsroom from the clatter typewriter to the soft touch computer keyboard.
We were the first company to introduce computer technology at the front end of news—news processing, news writing, and also the first company to adopt new newspaper design techniques using our very strong associations with partners abroad. Another highlight is expansion of our workforce. We have worked as a magnet of skills in this region, and that has enabled us to refine our training. In the East African region, we stand head and shoulders above everyone else in terms of the skills that we bring into this market. Many journalists you see out there have passed through the Nation and benefited from our training. We have been one of the most stable editorial operations in East Africa, except during the elections of 1992 when the Kanu hate machine was at its height and it established Youth for Kanu ’92. Before we knew it, six of our journalists walked out accusing the Nation of perpetrating tribalism.
Q
What would you say about the support a journalist in top management can draw from a family in this hectic, stressful, media environment?
A
One thing that journalism does to us is to draw us apart from our families. We keep abnormally awkward hours. We socialise with all sorts of people and the demands these people make on us are horribly crippling in terms of the relationships we try to maintain in our homes. We establish relations outside of our homes, all in the name of trying to get new insights into the things we write. How you balance between life and work then becomes one of the many struggles an editor at my level
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has to go through. What I’ve done is that every opportunity I’ve had to travel, particularly on conferences, I’ve tried to bring my wife along.
Q
Does it bother you that the Internet, which is the premier media communication tool, was the very tool used to scandalise and persecute you?
A
It bothers me a lot, and it left me with such a sense of helplessness. I said to myself that I am getting all this bad publicity and bad press because of what I am in this company; because of the position that I hold. There are probably people out there who would want to be in a similarly powerful, influential and fulfilling position as I hold, but they can’t. So they harbour hatred for the person who holds that position… not that I stand in their way but, for them, I represent what they would like to have and therefore they would wish that I didn’t have it myself. So, the Internet then comes along and it is used to tear me to shreds, when it in fact ought to be used for higher social purpose in the sense of enabling as many of us as can access it to obtain the information on you that will help us become better persons. In the end it is treated as a tool for oppression, a tool of calumny. It leaves you helpless because there is nothing you can do about it.
Q
What does that tell you about the quality of the human person?
A
It teaches you a lot about man’s capacity to destroy others. I’ve always had a lot of faith in humanity and, some time, that faith was
The Media Observer June 2009
Interview shaken in a very big way. But I think journalism does teach you to grow a thick skin.
Q
There is this saying about the ‘self-made man who adored his maker’. Does that describe you, or is there anybody you can look up to as a mentor?
A
I joined the Nation after a stint at the Standard, and I came to the Nation believing I knew everything about journalism and found Philip Ochieng’ as the chief sub-editor. The first article he gave me to edit, I went through very quickly and gave it back to him. What surprised me was it was back on my desk with all sorts of areas marked in red, highlighting aberrations of style, disjointed sentences, misplaced structure…. So, I said to myself: ‘Who does he think he is?’ But he was very patient, and he introduced me to the Nation style. The Nation introduces you to a structure, to a style, and to an identity that then creates what the paper is. Philip helped me understand the value of style and character in journalism. Philip was a very independentminded person. He would make a decision based on principle. Twice during his career at the Nation, he left a very well-paying job to go somewhere else because he thought his continued employment at the Nation was against the very things that he believed in as a journalist or as an independent thinker. The other person was [Joe] Rodriguez, the editor who employed me at the Nation. Rodriguez soiled his hands as editor-in-chief. He would sit in his office and spend time going through all the letters intended for publication. He made it his business to go through all the
The Media Observer June 2009
copy of all the foreign stories that came through the telex machine. He was a workaholic editor, not an ivory tower editor who sat there with his editors and worked with them. George Mbugguss was another editor who worked in the trenches with the journalists. He soiled his hands whether it was editing, subbing, designing pages, copy-tasting—the things that keep the newsroom going— and gave it that energy which you don’t find anywhere else.
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There’s a lot of dishonesty in terms of the partisan positions journalists and editors take as we struggle to understand our politics, as we struggle to put meaning to the battles we see happening in the political arena, and as we struggle to create or to construct an enabling news agenda for the nation. I see a lot of dishonesty in the way journalists and editors are manipulated not just by the political class, but by sections of society. Such manipulation leads to the establishment of the gutter press, In the East papers that have no What is African value for ethics. They your view will tell lies about region, we of mentorship, institutions, and get stand head especially of young away with it. media persons in There is also and shoulan institution such the challenge of lack ders above as NMG? of skills. When I joined the Nation, or rather everyone Mentorship the Standard, many else in is something years ago, there were you can’t get only two schools that terms of away from. In trained journalists the skills terms of tangible in this country—the institutions, we that we Kenya Institute of have established a Mass Communications bring into media lab that will and the School this market. see many young of Journalism. people coming Today, even with through for a ninethe proliferation of month course to training institutions, try and develop the skills you get in something out of journalism the newsrooms are far inferior and become the very best. I’m to those you got when there proud that that’s happening were only two or three schools under my watch. of journalism. It raises two questions: Is it that the standard What is the greatest of training that is offered at those challenge facing the schools is inferior, or is it that the media in Kenya today? students who go for this training are inferior? Are we then looking at an education system that
Q
A
Q
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Interview has deteriorated so much that it cannot hope to get any better students than we are getting now? The other challenge is the more universal one with the new technology in the form of the Internet, and social networks. Some of the traditional media are coming under serious threat. There is talk that the newspaper as a media form is not going to be around for much longer. I hold a different view. Nobody can beat the newspaper in terms of the comprehensive way in which it brings the news and information to those who are beholden to it. We are talking about Day Two journalism. Rather than breaking the
news, which is already broken on radio, TV and other forms of media, it is giving the context of that news and helping people understand how it affects them or how it is likely to affect them. It will bring a lot more value that way.
Q
What do you perceive as the Nation’s stand on mentorship of women so that they don’t drop off by the wayside before they become the best that they could be?
A
I feel particularly bad about our inability at the Nation to bring some more balance in terms of diversity in the newsroom. We are a very masculine company. I feel
particularly bad about that because I have been in a position where I could have made that decision, but it just didn’t happen. At board level, there isn’t a single woman. In the top management, there is only one woman, the HR director. It’s one of those things that companies like ours have taken their eyes off, and it hasn’t given them a good name. It’s something that needs to be corrected. At the Media Lab, there’s a healthy balance between male and female journalists.
Q
The media have been at loggerheads with the State on the issues of legislation and
freedom. How have you handled the issue as the ED of NMG and collectively as a member of the wide media fraternity?
A
When we conceived the Media Council, we wanted a body that would create a healthy bond with the communities we serve, and that its credibility and the trust that Kenyans hold in them would be unquestionable. A position I thought should be as independent as possible was the chairman’s position. We would have an independent chairman and the rest of the members of the council would be divided equally between professional people — editors and journalists — and non-professional
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people as in maybe religious people, businesspeople lawyers and soon. Today what you have is a Media Council whose chairman is a media person, and I think that is the weakest link in that chain. I hope that at some point, the council will appreciate the absolute need to have a chairman who everybody can look up to and say, “Any position taken by the Council under this independent chairman is one that we can trust, because it is not tainted in any way.” On the tensions between government and the industry, I don’t think it is anything that can be avoided. Over time, the government
has tried to restrict media space and, as the market leaders, we have felt an obligation to meet the strength in terms of protecting the little media space that we have. I was a member of the Press Task Force that was appointed to look at the laws that regulate the media. That came a cropper. We didn’t do as much as we thought we would because there was a lot of interference. dkweyu@nation.co.ke Ms Kweyu is a Revise Editor at the Nation Media Group
The Media Observer June 2009
The Big Debate
Peace-making versus professional independence OTSIENO NAMWAYA
J
ust what could media that cherish objectivity and respect professional tenets do to promote dialogue and reconciliation? It is a question that is sure to divide both practising journalists and industry analysts right down the middle. On the one hand are conservative thinkers like David Matende, the chairman of the Kenya Union of Journalists, who insist that the media have no business dabbling in advocacy and campaigning for dialogue and peace. The role of the media, he argues, is to inform and educate the public and not to get as deeply involved in advocacy and peace campaigns as some media houses did during last year’s post-election violence. On the other are diehard conciliators like Maurice Otieno Ombok, the Africa regional coordinator of Non-Violent Peace Force, who argue that, from their working experience in Sri Lanka and Sudan, they have established that the media are useful when they actively push for dialogue and
The Media Observer June 2009
reconciliation-even when they merely provide editorial space and airtime for protagonists to talk about the burning issues or when they edit negative messages. There are even more radical and uncompromising voices that straddle these two arguments. Chaacha Mwita, the immediate former group managing editor of The Standard Group, holds the view that the media have a major role to play in promoting dialogue and reconciliation, but only on two conditions. The first is that the media recognise their use and potential before the violence breaks out and not after. “This means that the media should begin to do their part now to prevent the possibility of violence breaking out during the 2012 elections,” he says. The second is that media resolve to stick to professional ethics. “The media should not be beholden to partisan or tribal interests,” he adds. “Reports have confirmed that the media were hostage to tribal interests in the 2007 General Election.”
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In the aftermath of the postelection violence last year, Minister for Information Samuel Poghisio and his Permanent Secretary, Bitange Ndemo, accused the media of having incited the violence by the manner it covered the election campaigns. The government even proposed an inquiry into the way the media covered the election campaigns, an issue that put it at loggerheads with media industry stakeholders, including the Media Council of Kenya. “Our position at KUJ is that the media did not incite violence. But some journalists, through acts of omission and commission, might have done things that might have fuelled the violence,” says Matende. Nonetheless, there is a point at which the three schools of thought converge. This is that media need to open up pages and airtime to competing interests to discuss the sensitive issues of the times, which they accuse the Kenyan Media of not having handled well. On the perennially sensitive question of land in the Rift Valley, argues Mwita, there are shades
The Big Debate Promoting dialogue and of opinion that have never reconciliation would partly call found space in the media. He for media that are capable adds: “We are not solving the of holding all, to account, problem by locking out these including the State. The media views. It is impossible to have would be required to exercise reconciliation if the issues impartiality and extreme that are causing disharmony professionalism. This is not are not openly discussed and possible, according to Francis resolved.” Kasoma, an African media The media can provide a scholar, in an environment forum where such issues can where media ownership is be discussed. They can also skewed and thus encourage conflict undermines the resolution through need for diversity of editorial commentary, thought and opinion. But the eventual Concern resolution of issues and We have seen about media conflict requires much situations ownership in Kenya more than the input of and how this could the media. where undermine national Beyond the work that ownership cohesion might the media could put of the media be an issue that is into promoting dialogue coming up now only and reconciliation, influences with regard to the according to Mwita and editorial diversity and spread former KTN head of orientation, or concentration of news Vitalis Musebe, resulting in the media owners in the focus should shift to achieving social—even a dangerously the country. But the reality ethnic—justice. The partisan is that the matter greater part of this is media. has been around for the work that other quite a while with sectors of the wider the government, society, including the through the government, would Communications undertake. Commission of Kenya, Social justice, according to pushing for a shift on a rather Mwita, touches on many issues, tiny aspect of it—cross media including media ownership. ownership-which, it argues, How this undermines the undermines democracy by ability to promote dialogue stifling alternative views that or reconciliation is of great do not jell with the dominant concern: “The media ownership view among the media owners. structure should change. As “We have in the past seen long as it remains what it is situations where ownership of today, we cannot expect it to the media influences editorial promote social justice. orientation, resulting in a Yet it has been proven that dangerously partisan media,” media ownership determines its says Matende. performance.”
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Political and economic policy analyst Atieno Ndomo holds that the media could be said to have done extremely well in terms of the sheer vibrancy and courage in raising more critical questions and concerns on of leadership in the country and national cohesion. “But in terms of the context of the environment in which the media operate in Kenya, there are limits to what media can do to promote dialogue and reconciliation,” she adds. “There have been lingering threats to professionalism and freedom of the media, and the most potent of these threats are linked to issues of ownership.” Nevertheless, Ndomo considers it a positive development that there is a proliferation of FM stations that provide a platform for popular debates. “The information can be used to either intervene and diffuse a situation or hold the culprits to account,” she notes. While it is true that FM stations have been blamed for having inflamed the post-election violence due to their skewed coverage, argues Ndomo, there is a real potential for the FM stations being used to discuss contentious issues and informing the public if an agreeable level of control could be established. “But if not controlled, it has been shown that the FM stations can be used to perpetuate wrong values to sections of society. Kenya is polarised now and the media have not been able to outgrow the factions that have emerged,” she notes. But this does not negate the role of the media as the institution with the potential to educate and ensure the people are not ignorant in a manner that allows leaders to take them for a ride, according to Ombok. This way, the media
The Media Observer June 2009
The Big Debate
Be sensitive, promote dialogue OTSIENO NAMWAYA
J Peace-making versus professional independence enable people to hold leaders accountable for their actions. “The media can educate the public on the need for co-existence, their rights and responsibilities and what to expect from the leaders,” says Ombok, who thinks the media are key in educating people on non-violent ways of resolving their differences. t is a view that Mwita disagrees with. “It is tricky to expect the media to educate people on non-violent ways of resolving their differences since, at the end of the day, it is about justice and quick resolution of the polarising issues by the authorities,” he says.
The Media Observer June 2009
ournalists may pontificate on whether or not it is right to actively promote dialogue and reconciliation, but peace campaigners have no doubt that the media are a useful partner. They are quite clear on what needs to be done and how. But while media professionals argue that their role is to inform, educate and entertain and not to campaign for peace or dialogue, there are moments when they do budge and acknowledge that they have a key role in promoting dialogue and peace. As business entities that need to make profits, argues Kenya Union of Journalists Chairman David Matende, the media have a vested interest in national stability and peace. In the event that there is instability or violence, the media must promote dialogue and reconciliation between the warring parties. But there are those who argue that this should be done only by digging up the past and presenting the background on the violence. In other words, the role of the media is restricted to editorial actions and not active calls for peace of the kind that the local media made in the wake of the violence of 2007.
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Peace campaigners are categorical that the media should promote dialogue and reconciliation, whereas media practitioners respond that their role is limited after violence has broken out. But perhaps there is a middle ground. Media managers could take conscious steps to ensure easy access since this is the prime medium through which people can debate sticky issues, educate each other and get informed on the goings-on. Newspapers could be cheaper and the spread of FM stations would take care of the broadcast realm. Access to TV sets would still be a big challenge, though, and messages on that platform would not be easily available to the majority of Kenyans. Newspapers could also open up their editorial pages to a diversity of opinions and encourage more people to write letters to the editor. “If such space can be accessed by many people, it will encourage more people to engage in dialogue on sensitive issues that would otherwise endanger the stability of the nation were all the avenues of airing them to be blocked,” says
The Big Debate Otieno Ombok of the Non-Vioothers that are engaging in aclent Peace Force. tivities that might threaten peace In his view, the media can or constructive dialogue. This promote dialogue and reconcilishould not only sensitise people ation by simply editing negative on the dangers of brinkmanship, information. “The media should but also deter those who may also avoid provoking leaders to want to engage in such activimake utterances that threaten ties. the unity of the nation,” he says, Yet, in what many professionarguing that some leaders have als would consider controversial in the past made dangerous and professionally unethical remarks just to attract media conduct, Ombok suggests coverage. that the media should organise Ombok, himself a trained public forums at which leaders journalist, goes against the would be encouraged to debate grain in his remarks that key issues affecting digging up the past has the country. wider ramifications than “The Standard can really be fathomed. The media Group’s Mercy Train Back-grounding is an could fall in this catshould essential part of buildegory as it encouragalso avoid ing a story, after all. es people to come to provoking He cites a case in the support of each April 10 this year when other,” he says. “The leaders a local daily published other thing the media to make a series of pictures on can do is organise utterances the post-election viopeace caravans and lence. “The response that threaten educate people not to such pictures is two to fall into the trap of the unity of sided: It is good bepoliticians.” cause it reminds people the nation. The peace of where we have campaigners also come from and why it favour the idea of is important to avoid media publishing going back there,” he features such as adds, “but it can get people NTV’s The Making of a Nation thinking that they should never and Makers of a Nation, which be caught in such a situation lay bare the history of Kenyan unprepared.” politics and politicians. In the Such pictures should be acevent that a leader at one point companied by carefully crafted did what could threaten dialogue messages that urge people to or peace, the media would serve shun violence, Ombok adds. the interests of the nation better There have been unconby exposing such leaders and firmed reports that there could using them as an example of be groups that are arming in what not to do. anticipation that the 2012 elecJane Mbakaya, who has tions could also turn violent, and been on peace missions in Sri Ombok argues that the media Lanka, Sudan and other trouble should expose groups them and spots in Africa and beyond,
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contend that the media could also publish more opinion polls that help in reading the public mood and jolt leaders into action. She also suggests that media could encourage schoolchildren and college students to write essays on dialogue and reconciliation, which would then be published in the media. In countries such as Sri Lanka and Fiji, the media were active in bringing together musicians to compose plays and songs that would be played on TV and radio to promote dialogue and peace. Kenyan media could adopt the idea and encourage interaction and good relations between communities, or provide a forum through which the tension could be dissipated. But the most important thing on which peace campaigners appear to agree with media professionals is that the media could be more effective in promoting dialogue and reconciliation by upholding high standards of professionalism and sensitivity to the public agenda. In the words of Ombok, media should be more vigilant against hate speech and block out alarmist sentiments. A monitoring report by the Kenya National Commission on Human Rights in the lead-up to the 2007 elections accused the media of airing remarks by politicians that were partly blamed for the post-election violence. In the end, there seems to be a consensus that the media ought to take a lead role in opening the eyes of Kenyans to the dangers of sectarianism, tribalism and violence and how they could negatively affect their way of life. onamwaya@hotmail.com Otsieno Namwaya is the editor of Expression Today (ET)
The Media Observer June 2009
The Code Made Easy
A matter of trust between journalists and their sources MITCH ODERO
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t should be simple logic that the right to gather news implies the right to a confidential relationship between a journalist and his or her source. Keeping news sources off the record, where it is requested, is essential to the news gathering process. Journalists worldwide have, therefore, vigorously defended the privilege not to reveal their confidential sources even when the identity is part of evidence sought by a court of law, the police or any other legislative organ. The Code of Conduct and Practice of Journalism in Kenya states that, in general, journalists have a professional obligation to protect confidential sources of information. But there is a rider to this ringing endorsement of confidentiality, that “unnamed sources should not be used unless the pursuit of truth will best be served by not naming the sources, who must be known by the editor and reporter”. This also means the reporter cannot claim to be the “usually reliable source” or “impeccable source”.
The Media Observer June 2009
The privilege to withhold information obtained in confidence in a professional capacity is clearly recognised for doctors and their patients, lawyers and their clients and priests and penitents. This is not the case for journalists in Africa, who must fight for protection of the privilege by law. In a number of states in the US, there are the shield laws that provide such protection. Critics argue that there is no peer review of ethical standards within the media fraternity and that, unlike doctors and lawyers, not all journalists have adequate educational and professional training—especially freelancers and journalists on FM stations.
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Be that as it may, to reveal the identity of confidential sources of information poisons the relationship between journalists and their sources. There is the danger that sources will “dry out” for fear of retaliation. Flow of information is affected and, eventually, the public’s right to know and freedom of the Press are hopelessly compromised. The promise of confidentiality is necessary for a productive relationship between journalists and their sources. It could be a situation where a source has information suggesting illegal conduct by others, as in the case of BCCI Bank. Kenyan staff members concerned about the bank’s money laundering activities
The Code Made Easy gathered evidence and passed them to The Standard in confidence. Upon publication of the report, all hell broke loose. The political elite, who seemed to be associated with the bank, set the police on the newspaper with all manner of threats. Little did they know it, but the report would go on to spur international investigations at the bank’s branches. It eventually closed down. Kenyan media had made a remarkable contribution to the fight against international crime despite local pressure. The pressure on journalists to break confidentiality may come from courts or the government. Yet it could be that confidential sources are police officers and government officials. Confidential sources whose identities are revealed have the right to sue a media house for breach of contract where they have given information on explicit condition that they will remain unnamed. Courts have made a habit of demanding reporters’ notebooks. The media fraternity should discourage this collectively. They should also reject police demands for documents and other evidence journalists may hold. Take a case where a journalist is assigned to investigate the extent of drug dealing in Kenya. His or her creativity enables the journalist to break through to drug dealers who offer information in confidence. In an effort to ensure completeness of the story, he or she calls the police for comment on what appears to be widespread drug dealing. The police in turn order the journalist not to publish until the drug dealers are arrested. What should the journalist do? If the journalist refuses to comply, she or he can be accused of shielding criminals. The journalist may also be
Unnamed sources should not be used unless the pursuit of truth will best be served by not naming the sources, who must be known by the editor and reporter.
punished for contempt if he or she refuses to testify or to violate professional ethics of confidentiality. Here is another scenario for debate: What if a journalist is a party in a court case, having received confidential information that a section of police are plotting to harm him or her? To seek protection, the journalist goes to court in the hope of getting a court order against the police. The court instead demands that she or he produces evidence by bringing the source to court. Journalists should be careful when they deal with stolen documents brought by their sources. Handling stolen property is an offence. Neither a reporter nor a source is immune from conviction for such conduct. Trust is essential between journalists and their sources. Known sources may, for instance, want to explain a difficult situation by providing information off the record. This should be honoured. It is advisable that journalists keep notebooks, documents and flash disks containing confidential information away from their newsroom and homes after their stories are published. All in all, using confidential sources should not be restricted or forbidden. Journalists should remain free to seek news from any source within the law. Good journalists use confidential sources to assess and verify stories they are pursuing. Ethical obligations to sources and to society should not be a matter of police and judicial action. mitchodero@gmail.com Mr Odero is the former chairman of the MCK Ethics and Complaints Committee
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The Media Observer June 2009
Complaints
It’s mostly about accuracy and fairness
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he council has received 30 cases since the Media Act came into place in October 2007. Some of the cases were dismissed for failing to adhere to the complaints rules of procedure. Two of the cases were dropped because they are pending in court and complainants who made their case on the telephone or by email have been advised to submit their complaints in writing. The figure below shows the cases currently before the Commission. Most have to do with accuracy and fairness. Mr Nzamba Kitonga vs Nairobi Star Mr Kitonga complains about an article that appeared in the Nairobi Star about his family, claiming the article was obscene, inaccurate and non-factual. Nation Media Group vs State House Comptroller State House security forced a Nation journalist to erase content captured in his camera on an event that happened at State House. Ministry of Information and Communications vs Kass FM Ministry complains about content aired on the breakfast show “Lee Nee Emeet” on February 18, 2008, claiming it was inflammatory. Mr Stephen Mutoro vs the Standard Media Group Sunday Standard published a photo of Mr Mutoro together with others and erroneously referred to him as an ODM Councillor.
The Media Observer June 2009
Mr Mutoro requests a correction. Mr Isaiya Kabira, Presidential Press Service vs Nairobi Star The PPS complains against what it considered to be biased and false coverage of the first family by the Nairobi Star. Hon Martha Karua vs Kenya Television Network (KTN) and Sunday Standard Ms Karua objects to a KTN aired a story alleging that the minister had been denied a visa to travel to Geneva. The item was published in the Sunday Standard of March 2, 2008, which the minister claims is inaccurate. Mr Eric Kiraithe, on behalf of the Police Commissioner, vs Daily Nation The police spokesman alleges that an article published in the Daily Nation of March 3, 2008, about the police force was full of falsehood and lacking in facts.
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Complaints Commission of the Media Council of Kenya
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he Council’s Complaints Commission is established under Section 23 of the Media Act 2007. The Chairperson must hold or have held judicial office in Kenya or be an advocate of the High Court of Kenya for not less than 10 years. The other four members must have experience and expertise in journalism, media policy and law, media regulation, business practice and finance, entertainment, education, advertising or related social studies. The Commission is established for the purpose of receiving complaints and dispute resolution. The Commissioners were sworn in on November 17, 2008, before Justice A. Visram at the High Court of Kenya. Members of the Commission are: 1. Mr Ken Nyaundi, Chair person. 2. Dr Murej Mak’Ochieng’ 3. Ms Priscilla Nyokabi 4. Mr Peter Mwaura 5. Ms Dekha Ibrahim
Complaints National Peace Initiative Africa (NPI) and West African Network for Peace Building (WANEP) vs Daily Nation and the Standard newspapers Complaint alleges that an article published in both papers drew heavily and in some parts word to word from their research work, papers and from a conference by NPI-Africa and WANEP without citing the source of the content. Ministry of Information and Communications vs Kass FM The ministry claims that Kass FM broadcasting materials are prejudicial to national security and its programmes incite, defame and upset listeners. Regional Reach Ltd vs City Council of Nairobi askaris The organisation reports a brutal attack on a Regional Reach journalist by City Council askaris, resulting in bodily harm and damage to his equipment worth Sh45, 000. Ms Njoki Wamai vs Classic 105 Ms Wamai complained against what she calls hate speech against single mothers in a talk show facilitated by Maina Kageni and Mr King’ang’i on Classic 105. Hon Martha Karua vs Nairobi Star She claims that Nairobi Star avoided accuracy, fairness and objectivity when it published an article about her and was malicious and false instead. Hon Raphael Wanjala vs Nation Media Group Journalists (Daily Metro) He complains that the Daily Metro has portrayed him in bad light, causing embarrassment to him and family, invasion of privacy, harassment from the press and inaccurate and unfair articles.
Kennedy Paulix Yongo vs FM Stations Mr Yongo has an issue with what he calls immoral sex talk on FM stations. Hon Jayne Wanjiru Kihara vs Gathoni wa Muchoba and Bahasha FM Complaint touches on allegedly defamatory and offensive comments against Hon Kihara. She also complains about broadcasting of false and libelous information on her. Jamia Mosque Committee vs Hot 96 FM The Jamia Committee objects to a call-in programme aired by Edward Kwach, which they say was in bad taste and full of inflammatory statements against Muslims. Mr Jamleck Njogu Kamau vs Milele FM Mr Kamau sent a sms to Milele fm giving details of the person behind the mystery laugh. He claims to have won but has been denied the Sh200,000 prize money by the station. Mr Pius Sawa Murefu vs Kennedy Obara aka Ondimu Mr Murefu, a journalist based in Uganda, complains that he has been conned by a Kenyan journalist by the name Kennedy Obara alias Ondimu. Ministry of Information and Communications vs KTN The ministry has taken objection to the airing of inflammatory news by KTN on December 30, 2008 titled, “The Kibaki Coup” and “The Grand Scheme”. The ministry says the features were in bad taste and were a threat to national security.
has led to moral decadence in his children. He wants an apology and compensation. Hon Dr Chris Murungaru vs Nation Television (NTV) Dr Murungaru has complained against a news item carried by NTV on February 5th 2009 on the Anglo Leasing saga. He claims the footage dragged his name into the matter in a manner he considers malicious, mischievous and libelous. He also claims the footage was irresponsible and full of inaccuracies. Kenneth Ngumbau Mulwa vs The Weekly Citizen Mr Mulwa alleges extortion by persons purporting to work for The Weekly Citizen. Yussuf Ismail Abdi vs Star FM Yussuf and others allege erosion of Kenyan talent by Star FM media house by employing unqualified and unprofessional non-citizens. The complaint also reports harassment and mistreatment and denial of the right of expression by the station. Maendeleo Ya Wanawake Organization vs. Sunday Times The organisation protests about what it considers to be publication of false information about it, inaccuracy and a one-sided article and also that states that views from those mentioned in an unfavourable context were not sought. Mr Fred Odhiambo, PostmasterGeneral, Posta Kenya vs Radio Africa Group The complaint touches on negative reports carried in the media which he claims are not fair and objective. He also says the reporters did not seek his views.
Francis Kisko-Maina vs Caroline Mutoko and Kiss 100 Mr Kisko-Maina claims Ms Mutoko’s uses bad/foul language on air that
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The Media Observer June 2009
Where They Are Now?
A date with Martha Mbugguss Her name was once synonymous with features in the Daily Nation. Now she has resurfaced as a lecturer at Africa Nazarene University. MOSES OKINYI has a chat with one of Kenya’s most adventurous journalists.
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t is a question that the fresh and upcoming young journalist would be forgiven for asking: “Who is Martha Mbugguss?” The good woman has a ready answer: “Martha Mbugguss is a child of the King of Kings, a born again Christian, a child of God since he is the one who gives me direction, hope and ability to do all that I have managed to do.” What she stops short of saying is that Martha Mbugguss is one of the most experienced journalists in Kenya. She has won awards for best feature writing and photography in the 24 years she has been in journalism. Martha had been working for the East African Standard for a year when she wrote a brilliant
The Media Observer June 2009
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Where are they now? feature on twilight girls on the streets of Nairobi that led to the Nation Media Group poaching her in 1985. She remembers writing this story as if it was just yesterday. She explains: “At first, I couldn’t believe that women could actually sell their bodies for money. I had to dress like them, go to the streets where they do this business and act like I was one of them. I was taking a risk to get the story first hand.” Soon after, she received a call inviting her to a coffee date with Bob Hitchcock, the training editor at the Nation at the time. She accepted, knowing an offer was on the table. Martha would work for the Nation for the next 10 years. So what inspired Martha to get into journalism? She quickly cites Miriam Kahiga, a former classmate and friend who joined journalism before her, and Mukami Ireri, whose humour she found absolutely infectious. Next comes her family and her love for reading. She was reading Enid Blyton from a tender age, and this played a big part as her source of inspiration. At no time in our conversation does she forget the Holy Bible, always quoting a verse or two. Martha did not set out to join journalism. She first graduated with a First Class Honours Bachelor of Arts degree in economics, literature and history from Jabalput University in India, her best subject being statistics. Only after venturing into writing did she realise that journalism was her calling. She then joined the University of Nairobi, graduating with a post-graduate diploma in mass communication. She later got a Masters degree in Communication from Daystar University. Life in the field was not always a bed of roses for her, though she believes every challenge that came her way was a learning experience. She always strived to make the best
of it. “It is difficult for me to say what the best was or the worst since every experience, both good and bad, is a learning experience, especially in journalism,” she adds, then goes ahead to recall an incident that strengthened her resolve never to accept bribes. Picture this: Martha sees the potential for a story in a company owned by this woman. After the interview, Martha escorts her out of her office. As she does so, the woman tries to hand her some money, telling her it is for tea, which is code for a bribe. Martha is furious. She tells her she has enough tea at home and in the office. She then escorts the woman back into the office, tears the story into pieces in spite of its newsworthiness and escorts the woman out. As they walk along a street, Martha spots a beggar with a bowl in his hand, puts the money in the bowl and tells the woman that the beggar needs ‘tea’ the most. The moral of the story: Integrity is paramount for the journalist. You should be principled and never ever agree to be compromised, she explains. An alumnus of Alliance High School, Martha has authored two books. A Date with Jesus was published in 2002 and Same Gender Unions—A Critical Analysis, coauthored with Zachariah Wachira, Ogova Odego, Kiragu Wachira, Peterson Wang’ombe and Oliver Kisaka came in 2004. “Be sure you will see more books under my name in future,” she says with a wide grin. A Date with Jesus is the story of her dramatic encounter with Jesus despite initial and cynical resistance. She believes she has achieved all that she has through Christ. She adds: “It is the adventures of my life and this that inspires me the most. It is always great to share your experiences in life with others as a way
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The Media Observer June 2009
Where are they now ? of motivating them.” Martha considers today’s journalism very different from the days she started out. There were no mobile phones then, and journalists had to go to telephone booths to file their stories. The internet has made it easy to send stories, carry out research and beat deadlines. She is also concerned that today’s journalism seems to focus more on entertainment than investigative stories. “There is a lot of careless talk on our radio and TV stations today and no respect for privacy, all under the pretext of entertainment,” she laments. “Journalism is not only about entertainment but should also be for informing and educating.” Celebrities coming to Kenya are given a lot of publicity, she says. This is not necessarily bad, but there is little attempt to analyse and understand who these artistes really are. They could be child molesters, drug addicts or even gang leaders, she worries, yet they are supposed to be role models for young Kenyans, who might look up to them because of the way the media glorifies them. Where does she want to see Kenyan journalism go? “I would like to see balance in the way we report today. Entertain, but inform and educate too,” she says. She is passionate on this subject. She would like to see journalists stop marginalising themselves since the ones they entertain now will mature tomorrow and start demanding more information on agriculture, health, education and other issues that affect their lives. Recently, a survey indicated that Kenyans trusted the media most in Kenya today. This, Martha insists, should inspire journalists to rise beyond reproach and ensure they keep this trust. At a time when dubious media training colleges are mushroom-
The Media Observer June 2009
ing, Martha advises that all training institutes should strive to improve on the quality of journalists they produce and place emphasis on the professional code of conduct and on research development. Her advice to aspiring journalists is that they should expect challenges and not a bed of roses. But she is quick to add that it is also a glamorous career that gives one an opportunity to actively participate in nation building. Martha’s daily routine is pretty predictable, though it might change depending on circumstances. Her day begins at 4.30am, when she reads the Bible or something motivational. She spends an hour or so preparing for work. “Every day is different because of the different activities that might be taking place. I might be having a class or a meeting or attending to students. All these will need different preparation so the process changes from time to time.” Her family is her bedrock: “It is always exciting to share jokes and laugh together. I also have a lot of friends and colleagues and, since I interact with all of them, it makes life even more exciting.” If she were to return to square one again, Martha would still choose journalism as her career. She
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would prepare better and invest more on her initial training and development and would double on both print and broadcast media. She quotes Philippines 4:13 as her parting shot: “I can do all things through Christ who strengthens me.”
Complaints Procedure 1.Any person aggrieved by-
a)any publication, or any conduct of a journalist, media enterprise or the Council; or b) anything done against a journalist or media enterprise that limits or interferes with the Constitutional freedom of expression of such journalist or media enterprise, may make a written complaint to the Council setting out the grounds for the complaint, nature of the injury or damage suffered and the remedy sought.
2.
Upon receipt of a complaint, the Council shall, within fourteen days from the date of receipt of the complaint, refer the complaint to the Complaints Commission for determination.
3.
Upon receipt of a complaint, the Complaints Commission shall notify, in writing, the party against whom the complaint has been made, within fourteen days of receipt thereof, stating the nature of the complaint, the breach, act or omission in question and the date on which the matter shall be considered by the Complaints Commission and shall thereby require such party to respond to the complaint in writing.
4. The Complaints Commission shall,
having heard the matter the subject of the complaint, make a report, issue any decision as it deems appropriate and give directions in connection with the complaint, and shall publish its findings if it considers it in the public interest to do so.
5. The Complaints Commission shall
communicate its decision to the parties concerned within fourteen days from the time the decision is made.
6. Except upon the request of a party,
and approval of such request by the Council, the Complaints Commission shall conduct its hearings in public.
7.
The Complaints Commission may, by notice in writing, require any person to:(a) give to the Complaints Commission reasonable assistance in the investigation of a complaint made under section 26 of the Media Act 2007; (b) appear before the Complaints Commission for examination concerning matters relevant to the investigation of any complaint made under section 26.
8. The Complaints Commission may not be bound by the rules of evidence as set out in the Evidence Act.
9.
Except as expressly provided in the Media Act 2007 or any regulations made thereunder, the Complaints Commission shall regulate its own procedure.
10. The Complaints Commission or
any of its panels may, after hearing the parties to a complaint:(a) and being of the opinion that the complaint is devoid of merit or substance, dismiss such complaint; (b) order an offending party to publish an apology and correction in such manner as the Council may specify ; (c) issue a public reprimand of the journalist or media enterprise involved.
11. The Complaints Commission or
any of its panels may make any or a combination of the orders set out in no.11 above.
12. The Secretary of the Council shall
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keep or cause to be kept a record of all proceedings of the Complaints Commission.
13.
Every decision made by the Council or the Complaints Commission in a matter the subject of a dispute shall be published in the Gazette.
14.
Any party aggrieved by the decision of the Complaints Commission may appeal to the Council in the prescribed manner against such decision, within fourteen days from the date such decision was made.
15.
The Council shall consider such an appeal and shall either vary, reverse or confirm the decision of the Complaints Commission, and any decision that the Council arrives at shall be communicated to the parties concerned within fourteen days from the time the decision is made.
16.
Any person aggrieved by a decision of the Council may, within twenty-one days from the date of such decision, appeal to the High Court on a point of law: Provided that no appeal shall be admitted by the High Court unless a judge of the High Court has certified the existence of an issue of law.
17.
A decision of the Complaints Commission, or the Council, against which no appeal has been preferred within thirty days from the date on which the decision was made shall be adopted and enforced as an order of Court.
18.
Subject to the provisions of the Media Act 2007, the Complaints Commission may, in consultation with the Council, make rules governing its own procedure.
The Media Observer June 2009
These publications are available to accredited journalists only fr ee of charge from o ur offices on first co me first served basis . The Media Observer June 2009
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