Media Observer July Sep 2015 by Media Council of Kenya

A PUBLICATION OF THE MEDIA COUNCIL OF KENYA

JULY - SEPTEMBER 2015

At a crossroads: Professional and Ethical Journalism in Kenya

Mastering the nuts and bolts By Joe Kadhi

Graphic images: When not to cross the line By Peter Mwaura

Unmasking Celebs and journalists By James Oranga

Harassment: Why journalists arenâ&#x20AC;&#x2122;t sitting pretty By Jane Godia

MCK mobile system to expose quacks By Kevin Mabonga

Journalists lose battle to advertisers By Luke Mulunda

About us

The Media Council of Kenya is an independent national institution established by the Media Council Act 2013 for purposes of setting of media standards and ensuring compliance with those standards as set out in Article 34(5) of the Constitution and for connected purposes.

Council’s Role, Mandate, Functions and Authority The Council draws its mandate and authority from the Media Council Act 2013. Its functions are to: • Promote and protect the freedom and independence of the media; • Prescribe standards of journalists, media practitioners and media enterprises; • Ensure the protection of the rights and privileges of journalists in the performance of their duties; • Promote and enhance ethical and professional standards amongst journalists and media enterprises; • Advise the government or the relevant regulatory authority on matters relating to professional, education and the training of journalists and other media practitioners; • Set standards, in consultation with the relevant training institutions, for professional education and training of journalists; • Develop and regulate ethical and disciplinary standards for journalists, media practitioners and media enterprises; • Accredit journalists and foreign journalists by certifying their competence, authority or credibility against official standards based on the quality and training of journalists in Kenya including the maintaining of a register of journalists, media enterprises and such other related registers as it may deem fit and issuance of such document evidencing accreditation with the Council as the Council shall determine; • Conduct an annual review of the performance and the general public opinion of the media, and publish the results in at least two daily newspapers of national circulation; • Through the Cabinet Secretary, table before Parliament reports on its functions; • Establish media standards and regulate and monitor compliance with the media standards; • Facilitate resolution of disputes between the government and the media and between the public and the media and intra media; • Compile and maintain a register of accredited journalists, foreign journalists, media enterprises and such other related registers as it may consider necessary; • Subject to any other written law, consider and approve applications for accreditation by educational institutions that seek to offer courses in journalism; and • Perform such other functions as may be assigned to it under any other written law.

July - September 2015

CONTENTS Media should remain resolute despite setbacks 5 Mastering the nuts and bolts 7 Acid test for Kenya’s journalism 10 Unmasking celebs and journalists

Society helpless as ‘rogues’ hold sway 15 At a crossroads: Media and the ethical minefield 17 Journalists lose battle to advertisers

Revealed: Ghost of graft in parliamentary reporting

Graphic images: When not to cross the line

MCK mobile system to expose ‘quacks’ 26 Correspondents and the mirage of professionalism

Harassment: Why journalists aren’t sitting pretty 33 The link: Training and professionalism

Pitfalls of blogging from the newsroom

Is objectivity shifting to a false promise?

Editorial cartoons and the ethical fault lines

At the alter of ‘envelopmental’ journalism 46 Stakeholders meet to appraise digital migration

Media Council sets sight on skills development

MCK partners with Eastern Africa Standby Force 54

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The Media Observer is published quarterly by the Media Council of Kenya with assistance from Ford Foundation. The views expressed in articles published in this publication are those of the writers and do not necessarily reflect those of the Media Council of Kenya. Media Council of Kenya P.O. Box 43132 â&#x20AC;&#x201C; 00100 Nairobi, Kenya Tel: (+254 20) 2737058, 2725032 Cell: +254 727 735252 Email: info@mediacouncil.or.ke observer@mediacouncil.or.ke Chief Executive Officer Dr Haron Mwangi Editorial Board Joe Kadhi-Chairman Dr Martha Mbugguss-Vice Chairperson Prof Levi Obonyo Jane Godia Wangethi Mwangi Consulting Editor Omondi Oloo Editors Victor Bwire Kevin Mabonga James Ratemo Contributors Joe Kadhi John Gachie Martha Mbugguss George Nyabuga Jane Godia Amos Kibet Cyrus Kinyungu Kevin Mabonga William Oketch James Ratemo Luke Mulunda Catherine Gicheru James Oranga Owino Opondo William Janak Muthoni Kingâ&#x20AC;&#x2122;ori Shitemi Khamadi

Photo Credits Kevin Mabonga James Ratemo Moses Omusula Design and Layout Print House Cell: +254 735 556539 Website: www.printhousedesigners.org email: info@printhousedesigners.org Samuel Wagura email: samwagura@gmail.com Cell: +254 721 831 461

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EDITORIAL

Media should remain resolute despite setbacks When American founding father Thomas Jefferson spoke of his preference for newspapers without a government over a government without newspapers, he underlined the true worth of the media in contemporary society. The high standing with which the traditional roles of news media — educating, informing and entertaining — is taken remains unchallenged, which is why governments, commercial entities and media owners are hell bent on controlling content that goes out there. But every time a journalist is pushed by circumstances to sacrifice truth to appease ‘vested interests’ of these entities, the public suffers. And as the public suffers, democracy and the right to know suffer irreparably along with it. This notwithstanding, the media is obliged to remain resolute in the execution of its roles. To do this, journalistic principles of objectivity, balance, accuracy, independence and fairness must remain cardinal in the operations of the Fourth Estate. And, pursuance of truth and nothing but the truth, I believe, should set the media agenda, meaning professionalism should always be at the core of every journalist and editor’s work. This brings into mind the whole

question of ethics. “Envelopmental” or “Mpesa journalism” and other forms of practices done outside the ethical realm have no place in today’s world. Multi-media in the Internet age means the media has to reassess its engagement with the audience through value addition. To be beyond reproach, journalists must adhere to the Code of Conduct for the Practice of Journalism as provided for in the second schedule of the Media Council Act 2013. The emergence of social media platforms such as Facebook and Twitter, which now control trending topics to the chagrin of traditional media, calls for even greater emphasis on professionalism.

I urge all media houses to ensure career progression of journalists through constant trainings. I also urge journalists to partner with relevant organisations in pursuance of capacity building. I also encourage stakeholders in the media industry in Kenya to support journalists by resisting attempts by outside forces to water down standards through intimidation, threats with legal suits, poor terms of engagement and death threats against journalists. Parochial

interests must not be allowed to dim the future of journalism in a developing country such as ours. At the Media Council of Kenya, we are doing whatever it takes, with the support of partners, to take journalistic standards to the next level. Our activities include engaging in trainings for journalists on diverse themes and topics, media literacy campaigns through press appearances and stakeholder forums, complaints handling on breaches to the Code of Conduct for the Practice of Journalism, setting training standards and accreditation of both journalists and media houses. As you read through this edition of The Media Observer, I wish to reiterate that the Council will continuously embolden the practice of journalism in line with modern global trends and professional standards as set out in Article 34(5) of the Constitution of Kenya. We look forward to a thriving media environment made possible through responsible print, online and broadcast journalism backed by supportive legislation. Dr Haron Mwangi, CEO, Media Council of Kenya haron@mediacouncil.or.ke

July - September 2015

Letters to the Editor Censorship journalism

killing

objective

I read a story by Joe Kadhi in the previous edition of the Media Observer with a lot of interest. Kadhi argued: “The most unfortunate reality is that selfcensorship leads to unfortunate professional mutilation of the ethical principle of accuracy and fairness.” It’s the reality. No one could say it any better. The word censorship implies a degree of abdication of freedom. Its usage has been widely accepted by pundits to the extent that its detrimental effect is somewhat lost. Censor involves negation or dilution of values news and self-censorship the surrender of those values. Publish and perish here is selfdefeating for no community wants to see its members decimated by promulgation. Publish and be damned is equally foolhardy because no one wants to publish if that ends up in purgatory. So, I would rather we talk of discretion in order to free our minds from the incarceration that is censorship. If we talk about what journalism entails, we have to take cognizant of who are the actors such as advertisers, readers and media owners. These actors have their own interests. I have deliberately excluded the state from this equation because were it not for its legislative roles, this mess begins with the State.

Times are many when members of the Fourth Estate are called upon to withhold information in the name of national security.

Damn. This is an issue of great concern in media houses. I wish I had contributed as I had been asked by the Media Council of Kenya.

Self-censorship leads to a situation where ethical principles of accuracy and fairness are reduced to a nonissue. Omar M Omar

Tom Rhodes, Committee to Protect Journalists

Stories on censorship were an eye-opener I have read with keen interest the article by Cyrus Kinyunguin the Media Observer edition of AprilJune dedicated to examination of self-censorship in Kenya. It strikes me as pretty ironic that the piece is a prime example of self-censorship, and therefore actually undermined the theme of the publication. In my view, the article should have revealed the identity of the offending media house, the State agency in question and even the editors and managers who worked to kill the story. The Media Observer publisher and editors cannot seriously condemn self-censorship while perpetuating and promoting the same. Macharia Gaitho, Nairobi Thanks to the Media Observer team for sharing the good lessons from Kenya regarding censorship and its effects on objectivity and independence.This is much appreciated and will be shared with our media partners in South Sudan. Lydia,South Sudan

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EDITORS’ NOTE Thanks for all your comments. However,we disagree with Macharia Gaitho’s view that writer Kinyungu’s story as it were undermined the theme of the edition.It indeed exposed sensitivities that journalists and editors have to contend with in their daily work to inform, educate and entertain. You will agree with us that there are legal challenges that come with identifying characters in a story especially if they are not mentioned in good light and this is also a form of censorship.However, the story, even with the omissions, passed on the message. Regards, Editors

Mastering the nuts and bolts

As JOE KADHI explains, professionalism always requires journalists to among other things stick to ethical principles, have a commanding grasp of the news values and embrace the ever-growing knowledge of etiquette. I have on many occasions discussed benchmarks that constitute the pillars of professionalism in journalism with students, scholars and some of Kenya’s most respected thinkers. There are three essential foundations: The ability to master and professionally manipulate the nuts and bolts of getting, writing, editing and presenting a story skillfully; the commitment to strictly adhere to ethics; and achieving those two skills, which are intertwined with an ever-expanding knowledge of etiquette and law, through a systematic and well established training scheme. It is possible to discuss this subject by looking at scholarly publications on the challenges of journalistic professionalism; but recent local and international events and the manner

in which they were covered provide handy examples. First, there is the uproarious interview by the now famous Megyn Kelly of Fox News and the Republican front runner presidential candidate Donald Trump. The interview took place on August 7 2015 when the top ten Republican presidential candidates shared a platform to answer questions from a panel of journalists. Of the ten, billionaire Trump was leading in polls and was indeed the centre of attraction to the audience and 24 million TV viewers. Among the panelists was Kelly who directed her question to Trump in the following words: “Mr. Trump, one of the things people love about you is you speak your mind and you don’t use a politician’s filter. However, that is not without its downsides, in particular, when it comes to women. You’ve called women you don’t like “fat pigs, dogs, slobs, and disgusting animals.”

Your Twitter account has several disparaging comments about women’s looks. You once told a contestant on Celebrity Apprentice it would be a pretty picture to see her on her knees. Does that sound to you like the temperament of a man we should elect as president, and how will you answer the charge from Hillary Clinton, who was likely to be the Democratic nominee, that you are part of the war on women?” After the debate, Trump was furious. Though he used quite uncivil language to describe the manner in which Kelly asked her question, he also accused her of being unprofessional. Looking at the yardstick formulated through my discussions with students and scholars, it is interesting to see how professional that question by Kelly was. Had Kelly mastered the nuts and bolts of getting the news peg and presenting it to her readers in the most professional manner? To answer that question one has to examine whether Kelly had a

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commanding grasp of the news values? When the debate was taking place, the issue of women’s rights in American was red hot and Trump’s views about that subject quite controversial. For Kelly to bring it up during the debate was a clear indication that she knew as a professional the importance of timeliness as a news value. The manner in which she phrased her question also indicated that she was not only aware of another important human interest news value of conflict; but also had the ability to manipulate the wording of the question to get both the punch and the viewers’ attention.

The civil and polite presentation of her tough question to Trump clearly showed she understood the 1922 original requirements by the American Society of Newspaper Editors (ASNE) which demanded writers to understand that journalists could not escape conviction of insincerity if while professing high moral purpose, they supplied incentive to base conduct such as are to be found in details of crime and vice publication of which is not demonstrably for the general good. Though the ethical principle of decency as envisioned by the American editors in 1922 has been considerably diluted by proprietors such as Rupert Murdoch of the dirty-digger ’s infamy, Kelly’s language was of admirably high decent structure that respected society’s dignity and decorum. Before I discuss professional lessons Kenyan journalists can learn from Kelly’s single question to Trump, it is only fair to point out that the

same question was a source of an avalanche of tsunami-like vitriolic attack from conservative journalists led by Alex Marlow and Stephen K Bannon who accused Kelly of asking what they described as a “gotcha question designed to catch politicians off guard, pushing them off their talking points”. Soon after Kelly’s question and the conservatives’ complaint, she was sent on what appeared like compulsory leave even though she is now back at the FOX TV and the station’s management vehemently denies that her leave had anything to do with the manner she cornered Trump. Part of the reason why Kelly had to go back to her job is the fact that she too was acclaimed by her professional peers as one of the most outstanding and courageous journalists. Lesson from her famous question are numerous but the most important is the one taught to all journalism students in the techniques of interviewing class namely getting familiar if not conversant with the two subjects of the interview: The topic and the person being interviewed. Kelly must have done a good research before she confronted Trump. In Kenya, some media personalities interview their guests without taking the trouble to research on their subjects .There is no space to discuss how

Kelly professionally perused Trump’s answer with appropriate follow up questions but that is one of the weakest areas in Kenyan journalism during the TV interviews. The one person who does it so well and makes his programmes always interesting is Hussein Mohamed of Citizen TV. The second lesson to learn from Kelly is that it is possible to be very tough without being either rude or temperamental. The second recent event that lends itself to the discussion of professionalism and ethics in journalism is the manner in which the debate on corruption in the sugar industry in Kenya was conducted by the media.

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There is probably nowhere else in the world where the art of pingpong journalism has been perfected as in Kenya. Probably all media houses without exception boosted their circulation and viewership figures by conducting a wellorchestrated war between Jubilee and Cord politicians for almost a month. On one day, readers, viewers and listeners were told how corrupt leaders in the government were; only to be followed up the next day with a much more vehement retaliation from government to the opposition.

This weakness in Kenyan journalism was a subject of very serious discussion in 1993 when the then Attorney General Amos Wako threatened to come up with a code of ethics for practicing journalists and impose it on the Fourth Estate. Paradoxically that move became the very catalyst which made the then eight media institutions to sweep aside all their traditional rivalries and formulate the very first Media Industry Steering Committee (Misc). Representing media academia at the many meetings which took place after Wako’s threat, I was among the people who jointly came up with the first code of ethics for journalists. At that time, the team that was tasked to look at the various existing codes of ethics from many parts of

the world agreed that the ethical principle of Accuracy was, for all practical purposes, different from that of Fairness or as the American Society of News Editors (ASNE) called it in 1922 Fair Play. Because the ASNE code is among the oldest written in our profession I will refer to it to elaborate the difference between the two ethical principles. From the very beginning ASNE told American journalists to always remember that good faith with the reader was the foundation of all journalism worthy of the name and that every consideration of good faith a newspaper was constrained to be truthful. This is the foundation of accuracy as an ethical principle when it is examined without joining it to fairness. On the ethical principle of fairness or fair play, the editors suggested journalists should respect the rights of people involved in the news, observe the common standards of decency and stand accountable to the public for the fairness and accuracy of their news reports. They suggested that persons publicly accused should be given the earliest opportunity to respond and warned that pledges of confidentiality to news sources must be honoured at all costs, and therefore should not be given lightly. Kenyan journalism scholars and editors looked at those two ASNE doctrines and came up with five ethical principles for our practitioners: Accuracy and Fairness; Unnamed sources; Confidentiality; Opportunity to Reply; and Obscenity, Taste and Tone. Despite the fact that the ethical principles of Accuracy and Fairness should be separated, the Kenyan scholars and professional journalists decided to marry them in order to avoid the ping-pong reporting we have recently observed in Kenyan journalism. The merger of Accuracy and Fairness as a single ethical principle notwithstanding, journalists in this country managed to eat their

cake and continue to have it. They published and broadcasted the accusations and counter accusations about sugar rackets between Cord and Jubilee leaders and pretended to balance their stories by keeping them running for long.

also revealed that the profit accrued from the illegal trade ended up funding what he called “incumbent political parties” at election time.

All the drama began when President

In Kenya, some media personalities interview their guests without taking the trouble to research on their subjects.

Uhuru Kenyatta made a state visit to Uganda where he allegedly made a deal to import sugar from that country while Kenya was expected to export its milk and meat there. No sooner was this news made public than all hell broke loose with accusations followed by counter accusations about the real beneficiaries of the deal. Hidden rotten skeletons were exposed from the cupboards of nameless people only described by both the warring parties as “sugar barons”. Never in the history of journalism in Kenya was the importance of accuracy and fairness felt by so many; yet it was only controlled by so few. All manner of accusations against the sugar barons were made by both the politicians and journalists who made an effort to comment about the issue. They were milking the country dry as they wrecked the entire sugar industry. Their plan was not even to import Ugandan sugar but to flood the market with the cheap commodity from as far away as Brazil. But who exactly were sugar barons? Neither the politicians nor they journalists writing about them had the courage or even the audacity to name them.

Accuracy and Fairness still demands that the journalists do their professional homework and tell the people of Kenya who the true sugar barons are, how they operate, when they import the so called cheap sugar, why the whole exercise is being discussed by the two warring parties without actually naming the barons, where the secret bank accounts are, what the consequences of this dirty game will be. That to me is the true role of the Fourth Estate which can only be achieved through ethically upright professionalism. Joe Kadhi is a former Managing Editor of the Daily Nation who taught journalism at the University of Nairobi, Addis Ababa University and the United States International University from where he has just retired. He is also the Chairman of the Editorial Board of The Media Observer. joekadhi@yahoo.com

The closest anyone came to revealing the truth about the barons was in an article by John Githongo published by The Star of August 21. According to him they were “politically connected traders”. He

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Acid test for Kenya’s journalism

Whilst the Internet offers opportunities to better and enrich journalism, GEORGE NYABUGA argues that plagiarism is now commonplace, acceptable and normalised as credibility, trust and accuracy getincreasingly and easily disregarded. When Time magazine and CNN suspended celebrated Indianborn American journalist and author Fareed Zakaria in August 2012 for plagiarism, the world of journalism was rocked by some sort of crisis of trust. The scandal illustrated the increasing trend where journalists regularly trawl the Internet and social media to pick information, quotes, pictures, video and audio clips to use as their own without crediting the ‘real’ owners or acknowledging the sources. Few would have imagined or indeed expected Zakaria, the Yale and Harvard educated and respected journalist, to ‘steal’ other people’s

work. In the court of public opinion, Zakaria is beyond reproach, as indeed other journalists ought to be. But such normative behaviour is in decline. When it was pointed out that his article was plagiarised, Zakaria apologised, reportedly saying: “Media reporters have pointed out that paragraphs in my Time column this week bear close similarities to paragraphs in Jill Lepore’s essay in the April 23rd issue of The New Yorker. They are right. I made a terrible mistake. It is a serious lapse and one that is entirely my fault. I apologise unreservedly to her, to my editors at Time, and to my readers.” Granted, Zakaria is not the first and, unfortunately, will not be the last journalist to plagiarise.

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In 2003, Jayson Blair, a rising star in journalism and a reporter for the New York Times, became one of the first to be publicly ousted for his serial plagiarism. In its investigation of the scandal, the New York Times discovered that at least 36 of his 73 articles contained instances of plagiarism, fabrication or other unethical behaviour.

Granted, Zakaria is not the first and, unfortunately, will not be the last journalist to plagiarise.

The New York Times published a ‘correcting the record’ article entitled ‘Times Reporter Who Resigned Leaves Long Trail of Deception’ on 11 May 2003 (available at http://

tinyurl.com/2om8ny noting that “the widespread fabrication and plagiarism represent a profound betrayal of trust and a low point in the 152-year history of the newspaper. … Mr Blair was just one of about 375 reporters at The Times; his tenure was brief. But the damage he has done to the newspaper and its employees will not completely fade with next week’s editions, or next month’s, or next year’s.” While Zakaria and the New York Times acknowledged their mistakes and apologised, it seems that the issue of plagiarism has not only been normalised but also accepted in Kenya. For example, despite the reporting that some senior celebrated journalists in Kenya regularly copy and paste from online sources, little has been done to stop the practice of widespread plagiarism. Neither do they look bothered by the practice that has put journalism on the spot. In fact, some consider ‘borrowing’ from different sources as part of everyday journalistic practices. In effect, we now see lots of articles with ‘borrowed’ background material, word for word, quotes and pictures picked from online sources, sometimes without verification. As many journalism schools and professionals acknowledge, accuracy and the verification of information for truth or falsity are the backbone of good, credible and trustworthy journalism. Yet, these golden rules are often disregarded as journalists try to prove themselves even when they are clearly incapable of producing readable, credible or meaningful copy. The assertions above resonate with the Abdi Latif Dahir’s argument published online (available at http:// tinyurl.com/pgvc5ks that growing plagiarism threatens public trust in journalism in Kenya.

After accusing a leading local newspaper of ‘lifting’ and publishing quotes and paragraphs from Sabahi Online articles, Dahir wrote:

Whether the materials are credible or accurate is hardly an issue to journalists working under tight deadlines, in newsroom cultures privileging immediacy and pandering to the scoop philosophy.

As many journalism schools and professionals acknowledge, accuracy and the verification of information for truth or falsity are the backbone of good, credible and trustworthy journalism.

In doing so, journalists, editors, media executives and others do not critically reflect on the long-term consequences of such practices. Such journalists fail to consider their own credibility, that of the media houses they write for or work with and journalism as an institution supposedly offering ‘truthful’ and credible information and promoting integrity and accountability in society.

“… a close examination of Kenyan media reveals that this trend of copying and pasting is ubiquitous, with so-called journalists aggregating content by lifting not only complete sentences from another article, but also altering ideas, quotes and sources altogether. The problem here epitomises the structural issues afflicting the Kenyan media, and knocks on the doorsteps of leading media institutions, who have parlayed their journalism into money and image. The problem of plagiarism in Kenya also conflates a number of different issues and makes us understand how by scraping content, intelligent debate and erudite thinking is in return missing from the larger public arena. This trend, of copying content from other writers’ articles without credit or attribution, has almost become the norm among the leading newspapers in Kenya.” We may have doubted or dismissed Dahir’s observations that ‘copying and pasting’ is ubiquitous if he had not offered numerous examples of plagiarism. But even without such evidence, we are all too aware of how easy journalists now find it to background their stories/articles using online material without crediting or acknowledging the sources.

Of course there is no gainsaying that the Internet is a rich and important source of information/data, a bank from whence journalists, writers and whoever can ‘freely’ borrow from to support their arguments and articles. Moreover, the increasingly attractive data journalism is built on the notion that journalists will utilise the information/data available online to write compelling and interesting stories that genuinely interest the public. In other words, in an era when many institutions and organisations are publishing online, the Internet becomes a critical repository and source of ‘credible’ and ‘accurate’ information. Granted, while the Internet is a rich and hugely important resource to journalism, it has generated a lot of journalists incapable of doing serious research, interviewing, collecting and analysing material, writing and verifying information. Instead, the Internet has become not only a source of information but also a place where some journalists casually collect material from and pass it as their own. Without the eyes and ears of a keen editor, the information passes on to the chagrin and annoyance of discerning and keen watchers and

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readers who can tell the true origin or source of the content. Yet, such practice is not the preserve of individual journalists. Oftentimes we see pictures published in newspapers, clips aired on radio and television (YouTube, Facebook, Twitter and Instagram are the most abused sources) without the acknowledgement of the sources. How many times have you seen a picture with the credit ‘courtesy’ without the name of either the photographer or source? Such

plunder of online sources have become all too common, and it seems journalists and media houses are not too embarrassed or concerned by such practices. Plagiarism has become normalised as professional standards decline, and cheating become all too common. In effect, the mere ability to trawl the Internet and mine information/data, articles does not give journalists the licence to copy and paste, to plagiarise, to publish other people’s articles as theirs. That is bad journalism and, as the

New York Times puts it, a profound betrayal of trust. Dr George Nyabuga is a senior lecturer at the School of Journalism and Mass Communication, University of Nairobi, and a former newspaper editor gnyabuga@yahoo.co.uk

WHAT OTHERS SAY ABOUT PLAGIARISM

“Most plagiarists, like the drone, have neither taste to select, industry to acquire, nor skill to improve, but impudently pilfer the honey ready prepared, from the hive.” - Walter Colton

“Intentionally using the quotes of others without author attribution is plagiarism and contributes to illiteracy.” - Rain Bojangles

“Borrowed thoughts, like borrowed money, only show the poverty of the borrower.” - Lady Marguerite Blessington

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I think almost every newspaper in the United States has lost circulation due to the Internet. I also think the Internet will lead to a lot of plagiarism in journalism. Will McDonough

Unmasking celebs and journalists

JAMES ORANGA explores the delicate question of where the line should be drawn between media personalities, celebrities and journalists with respect to professionalism and ethics. To some people, a prominent journalist, especially one on television, a celebrity and a media personality are one and the same. This perception is perhaps guided by belief that once you make it big on television, you earn celebrity status. Sadly, many students who opt to specialise in broadcast journalism are motivated by nothing but the quest to be a television celebrity. Be that as it may, it must be clarified that a journalist, especially a good one, is a prominent media personality and can earn celebrity status. But, a

celebrity who receives frequent media coverage, perhaps on the basis of his or her human interest value is not a journalist. Similarly, somebody who frequents media space with contributions but

A professional editor, producer and director must always determine and design celebrity contributions. It is only then that violations to professional values can be kept at bay.

lacks professional nourishment in

media practice is a media personality but not a journalist. At face value, the three concepts may appear closely related but are different conceptually and fundamentally. Who is a journalist? He or she is one who is professionally empowered to and practices Journalism; informs society and sets agenda. He/she analyses trends and interprets societal problems to the public. He/she critiques governance decisions of the state and ensures that citizens make informed choices. I have deliberately avoided the legal definition to this question. My

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decision is guided by the biblical maxim that just because something is legal does not make it right. Moving forward, who is a celebrity? In my own understanding, this is somebody who is famous especially as a result of entertainment or sporting activities. But, such a person may actually (also) be infamous. It is worth noting that a celebrity may be very smart or totally illiterate but still attracts phenomenal media attention. And, a media personality is a person who works for or contributes to media practice. Having established who is who, where do we draw the line? I wish to present four arguments in response to this challenge: First, a professional journalist who performs his duties in total satisfaction of professional expectations, who transcends journalistic basics, who records trail blazing and ground breaking achievements, who through demonstration of mastery, creativity, objectivity and informative sophistication puts societal interest above all else will always become a celebrity. Remember Oprah Winfrey? Her journalistic brilliance made her the highest earning African-American woman, a respected media personality and a global celebrity. Secondly, a celebrity who contributes a column to a newspaper or presents a radio or television show, but lacks journalistic training, is not a journalist. Granted,

such contributions may be strategic for purposes of attracting audiences and profiteering. But, to guarantee adherence to professional principles, such contributions

must be subjected to strict professional guidance at all times.

... a celebrity who contributes a column to a newspaper or presents a radio or television show, but lacks journalistic training, is not a journalist.

A professional editor, producer and director must always determine and design celebrity contributions. It is only then that violations to professional values can be kept at bay. Better still, a celebrity who falls in love with journalism can be encouraged to seek professional training. Thirdly, media personalities are crucial for the purpose of filling the specialisation gaps that may prevail in the newsroom. For example, not very many medical doctors are trained journalists. But, we must also cover medical news. It is my contention that a doctor can be hired by a media enterprise, schooled in presentation or writing skills and charged with the responsibility of drafting a column on medical news or presenting a broadcast program on the same. We can do the same to

specialists like nuclear scientists, security experts, economists and political scientists. It is my contention that such experts provide the best description of who a (non - journalist) media personality should be. It even answers the question; why do we need non-journalist media personalities. And lastly, I wish to reiterate the thesis of my last article. If only we could make journalistic training self fulfilling, the resultant professional would be a journalist, a media personality and a celebrity. We will not need to draw the line. If journalistic training was to be a competitive process predicated on post - graduate professional nurturing â&#x20AC;&#x201C; where professional doctors, lawyers, political scientists and economists are then trained on journalistic artistry (I use the word artistry here to refer to everything journalese), then you will not only have journalists whose delivery would earn them celebrity status, you have no need for non - journalist media personalities. I am well aware of the fact that comedians and transsexual wannabes are masquerading as journalists in Kenya. I was once at a meeting where the Cabinet Secretary for Information and Communication lamented that some FM stations have broadcasters who possess only one quality; the fact that they have a mouth. To tolerate such characters is evidently sinking our beloved professional into a very shameful professional morass. I suggest that we draw a circle around professionalism. Everything out of the circle, if not guided by a professional at every level, is unacceptable. To expect professional delivery from unprofessional characters is foolhardy and suicidal. Dr. James Oranga is a journalism lecturer at The University of Nairobi

other

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jamestheoranga@gmail.com

Society helpless as ‘rogues’ hold sway

MARTHA MBUGGUSS explores the intricate debate of whether journalists are a true mirror of the modern society, what roles they play and who, exactly, is to blame for compromised ethics and professional standards.

Journalists at work “Like father like son” is a common saying. If the saying holds water, then we, Kenyans are treading on dangerous grounds. The nation’s discourse has adopted a new term, ‘rogue’ in its daily use. Anybody who consistently consumes media content is likely to have come across the term. For about a decade, the term was mostly associated with police officers. One kept on hearing stories about a rogue police having committed one crime or another including shooting somebody accidentally. Using brutality was another complaint related to being ‘roguish.’ Over a period of time, the term has crossed police borders to other disciplines and even individuals. We have had a rogue Parliament, obviously made up of rogue politicians. The public understood

the group to be interested in nothing else except their stomachs. Throwing barbs at that particular lot did not deter the politicians from awarding themselves huge salaries to the chagrin of Kenyans. We have heard about rogue NGOs who emerge at the mention of any human calamity, be it poverty or any other type of misfortune. They quickly prepare juicy sounding concept papers that are sent to donors. Any donations end up in their bank accounts. Kenyans being such creative souls learn

If Kenya is full of rogues, especially in high places, then it means that the time of serious reflection has come.

the tricks quickly. Just a few week ago, an individual was covered in the media for all the wrong

reasons. He had been entrusted with helping in fundraising for a sick child who needed treatment. Generous Kenyans donated millions of shillings. The man took off with the cash but the long arm of the law caught up with him. There is hue and cry all over. If it is not about Mumias Sugar company being grounded by some characters, it is about coffee farmers going hungry because of some disappearing magic of their coffee or payments. If there were hiding places away from rogue police, rogue politicians, rogue chief executives, rogue NGOs and rogue individuals, they are getting fewer and invisible. Why? Even the least suspect areas such as places of worship have been invaded by the rogue spirit. We now hear of some mosques harbouring people who radicalise the youth. August 2015 has had a share of “rogue pastors” said to commit one type of “error” or another.

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Except in very few cases when the term ‘’rogue’’ is used with a light touch to mean ‘’a person behaving badly but we still like him anyway, it is a word heavily loaded with negative meaning. Its synonyms include immoral, dishonest, and worthless person. One who is a double dealer, deceptive and fraudulent. The Merrian Webster dictionary describes such a person as being different from others in a harmful way.

If Kenya is full of rogues, especially in high places, then it means that the time of serious reflection has come. Looking at the few examples mentioned above, one can not help asking who is it that sustains a ‘rogue police force?’ It must be a ‘rogue society’ that does not mind paying bribes and sometimes encouraging the behaviour so as to get away with crooked deals. Who chooses parliamentarians? Communities that choose rogue politicians to represent them are obviously suspect. Do they vote with their eyes closed or are their choices grilled by “roguish” deals? If the latter is the case, then they have no reason of crying wolf when the same politicians mercilessly exploit them. Existence of rogue pastors would indeed have serious repercussions. Rogue pastors would obviously lead rogue congregations. Some of the members could be rogue parents bringing up rogue children who spread out to make up a rogue nation. That would include rogue teachers who teach their pupils anything but the right path, hence multiplying the waywardness of society. Since journalists are part of society, they would not be spared from the culture of such a society.

Culture has been described as the characteristics of a particular group of people which includes their language, religion, cuisine, social habits and customs.

One type of a journalist who would be more comfortable telling lies than telling the truth is one who is more interested in receiving freebies than developing a career in journalism.

We could find out if our journalists are also ‘roguish’’ by scrutinising some benchmarks that distinguish the wheat from the chaff. Truthtelling is an important benchmark to begin our scrutiny. Apart from one day in a year, that is April 1 or ‘Fools Day’ when some journalists consider it official to concoct some “credible” lies, journalists are for the rest of the time expected to be truthful especially when reporting news. But from the way they produce high class lies on that material day, society should be wary of media products. They should examine and question them when in doubt. A journalist is expected to be truthful at all levels of operation including sourcing of information, compiling and reporting news. The only rejoinder comes in when a journalist is carrying out investigative work and is likely to be exposed to danger if he/she disclosed his/her identity. One type of a journalist who would be more comfortable telling lies than the truth is one who is more interested in receiving freebies than developing a career. That kind of journalist uses threats and intimidation to squeeze illegal gifts from their subjects. Citizens should not only reject such a journalist but should go further and report them to their respective media houses. Among some of the troubling developments in journalism is the

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mushrooming of “counselling” programmes especially on radio. In most of those programmes, a journalist poses a question, gives a hint of his stand and then asks listeners to give their point of view. People are then encouraged to call in if they have problems similar to the one under discussion. While such programmes are popular and entertaining to some extent, the question of the validity of the counsel obtained is important. Journalists are not necessarily trained counsellors and stand the danger of setting a wrong and sometimes dangerous agenda. Since the trend is not about to end, journalism training institutions may be well advised to include a counselling unit to their courses. As earlier discussed, a rogue person is also said to be immoral. An immoral journalist could be one who is not concerned about good taste or aesthetics. Such a journalist could use careless words, disparage or attack other members of society unnecessarily, invade other peoples’ privacy without a just cause and carry himself/herself in a sadistic manner. A rogue journalist would also be driven by a misguided appeal to tribalism and ethnocentrism. The end result is seen in production of work that is skewed and exaggerated. Such work causes division and disunity in society. With those few guidelines, it is prudent for consumers to state whether our journalists fall under the rogue category, perhaps as a mirror of a rogue society. Dr Martha Mbugguss is a lecturer of Mass Communication at Africa Nazarene University and a member of the Editorial Board of the Media Observer magazine. mmbugguss.mbugguss@gmail.com

At a crossroads: Media and the ethical minefield

As JOHN GACHIE argues, many journalists rue the day when their attitude, or lack of it, led to being adjudged as unethical and in the process, lost reputation amongst their peers In any journalistâ&#x20AC;&#x2122;s career, one of the biggest challenge, dilemma and indeed puzzle is how to adhere to, observe and keep to the narrow path of being an ethical journalist. Itâ&#x20AC;&#x2122;s tough as it were, to be a professional journalist but it is immensely difficult to be professional and ethical all at the same time. Professional journalism is about acquiring the necessary skills, aptitude and attributes about journalism, both academic and

educational including experience and exposure in the craft of journalism. However, being an ethical journalist is much more than having the ability (skills) to write, the inclination (aptitude or drive) and the means (attributes or resources), but also the attitude (ethics or conduct) in this case, the manner in which a journalist purveys the profession. Many a journalist have come to rue the day when their attitude, or lack of it, has led to being adjudged as unethical; and in the process, have lost their reputation amongst their peers and the general public.

The same fate has befallen many media institutions, publications and entities not least, for having failed the ethical litmus test of attitude; or conduct and with it the reputational wealth (capital) have suffered monumental loses, including leading to huge monumental financial loss, including closure.

Many a journalist have come to rue the day when their attitude, or lack of it, has led to being adjudged as unethical.

The best most recent example of

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a major media institution to suffer this fate was the 160-year old British Tabloid, The Sun, in the aftermath of the despicable telephone-hacking scandal. The extent to which the journalists at The Sun applied their skills, aptitude and attributes were mind-boggling and the extent to which they failed to apply their attitude (conduct and ethics) was equally mind-boggling in their lack of empathy, and malice and callousness displayed â&#x20AC;&#x201C; it was evil.

followed, the issues of ethical journalism including conduct, the lodestone of journalism was lacking; utterly absent and glaringly buried under a veil of professional journalism gone wild, rogue and evil. In Kenya, a similar fate has befallen a number of journalists and media institutions and entities, but mercifully, not with the same outcome and or fate, and not with such heavy penalties and sanctions.

The consequences and the fall-out was fast, swift and catastrophic to all, from the journalists involved to the editors and proprietors alike. In one swift and bold move, careers, reputations and huge financial loses ensued.

However, the most infamous such fate that befell a Kenyan media institution was the assassination of the then popular politician, the late JM Kariuki in 1975 when the Nation Newspapers lead in a false headline

The irony of it was that the professional skills so expended, the attitude and attributes employed and deployed were astronomical, and zilch attitude all in the search of greater readership in the form of circulation and advertising-cummarket share, and professional career growth for the journalists involved.

the most infamous such fate that befell a Kenyan media institution was the assassination of the then popular politician, the late JM Kariuki in 1975

In the subsequent royal inquiry and parliamentary hearings that

that JM was In Zambia, while in fact his mutilated body lay at the City Mortuary after he had been killed at Ngong Hills.

That was 40 years ago - but it still haunts the Nation Media Group today. Indeed, that experience is one of the most often cited experience that senior journalists and editors at the Nation are constantly made aware of. Since then the Kenyan media scene, including sector and profession has encountered various lapses, failures and outright collapse; and indiscretions including complete rogue activities verging on open criminal acts, but not so brazenly as the JM in Zambia headlined story of 1975. Some of the most infamous such failings include the so-called Kanubriefs as carried by the Kenya Times Newspaper in the run-up to the 1992 multi-party elections. These write-ups were a sordid attempt at soiling names of many politicians and are believed to have been authored by some well-known journalists at the behest of, and on the pay of the then Special Branch. Indeed at the time, these sordid articles and write-ups were appearing in the Kenya Times pages, the Nation Media Group editorial department was grappling with an even more insidious calamity of having well-known senior editors and columnists being in the payroll of the Special Branch and other senior Kanu operatives.

the tinge and hint of unethical behaviour still lingers, the smell of rotten apples amongst, and in the editorial departments still swirls about.

This infiltration and even partisan political loyalty by senior editors, journalists and reporters was so invasive, pronounced and visible that the management had to lay-off some of the leading journalists in the group, while others were forced to resign; and others de-camped to the Kenya Times Media ostensibly

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for greener pastures and career moves. The long-term effect of this unethical attitude and conduct was that many of the senior editors, journalists and reporters soiled by this association still lingers on the reputation of those so tarred. Many of those linked, associated and even tarred with this brush of unethical practice and conduct still rue the day they got caught up, and still have to constantly fendoff claims against their ethical deficiencies to date. Some have managed to somewhat redeem themselves to a large extent and have all but regained their professional reputation and public trust, while many others still grapple with this soiled legacy despite many attempts to regain their status. For the Kenyan media industry and

sector including the profession now exploding and growing in leaps and bounds, the tinge and hint of unethical behaviour still lingers, the smell of rotten apples amongst, and in the editorial departments still swirls about.

Indeed, journalists are expected to exercise freedom of expression â&#x20AC;&#x201C; but, not under the guise of skewing facts and distorting truth.

The stench still seeps out occasionally despite many attempts to smother it with deodorisers be they political, technological and financial as the road to the practice and conduct of ethical journalism is an arduous journey.

Perhaps, the best example though defended by the industry/profession and sector was the Kenyan media performance in the lead, during and prior to the hotly contested and disputed December 2007 elections, and the subsequent violence. Initially, the Kenyan media sector was in denial, defensive and even seeking to cover-up their unethical performance despite clear evidence that many senior editors, journalists and reporters and even proprietors were partisan, which in itself is not unethical; but to cover-up, distort and manipulate events and facts to serve a certain partisan position to the detriment of public interest is to engage in unethical professional conduct of journalism. Yet again, the media industry/sector and professionals expended huge amount of skills, aptitudes and attributes, but failed miserably to apply; employ and deploy the right attitude, and conducted themselves in deplorable manner, hence many engaged in unethical journalism. There is room for partisan journalism in support of a declared position/view. Indeed, journalists are expected to exercise freedom of expression â&#x20AC;&#x201C; but, not under the guise of skewing facts and distorting truth. Freedom of expression is an individual and collective right in favour of declared position and view, press freedom entails seeking facts to unveil the truth for the benefit of the individual and the public, both own these rights equally. The lodestone of ethical journalism is the conduct and attitude deployed and employed, coupled with the skills, aptitude and attributes expended to secure public interest in the search of facts and in the defence of truth. Ethical journalism requires no less, and demands no more. John Gachie is a media trainer and consultant. gachiejohn1@gmail.com

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Journalists lose battle to advertisers The big advertisers, mostly private companies, wield huge power with their millions, making media houses bend backwards for ads. LUKE MULUNDA examines how the Fourth Estate is increasingly becoming vulnerable A newspaper remains a prestigious commodity even in this high-tech era of smartphones and digital media. It still defines class for those who can afford a copy, even better two or three different editions. That’s why when readers invest Ksh 60 in a newspaper, they always know they are getting value for money. From the front to the back page,

readers blissfully believe all the articles have earned their space, carefully selected through a process called ‘copy-testing’ in the newsroom. Articles and events that did not deserve to be in the newspaper are not given space, so we all know. Well, that’s the principle in media houses and many have crystallised this tenet in their editorial policies. Case closed. Tune in to KTN, NTV, K24, Citizen whichever your favourite channel is and enjoy prime time news at 9pm. Pretty ladies dressed glamorously

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with their received pronunciations will keep your eyes glued and optically nourished. Then call a friend and compare notes of the news. You will realise, of course, that some are handled in a similar fashion while others are slanted. Ditto radio. Very independent media we got there. But the bad news is, this perceived independence of the media is a mirage which outsiders can never see through unless try are too discerning, nosy or occasionally spend time with journalists.

Here is a very obvious fact. Media - print and broadcast - are commercial enterprises. Yes, they are in business to make profit and use those ‘independence’ tricks to capture the audience and sell their eyeballs, ear pieces and attention to advertisers. The ad revenue is what runs media houses and so advertisers are always pulling the purse strings.

the bad news is, this perceived independence of the media is a mirage which outsiders can never see through unless try are too discerning, nosy or occasionally spend time with journalists

Little wonder some companies or organisations – even personalities, mark you –are given more coverage than others. The big advertisers, mostly private companies, hold sway in media houses. They wield huge power with their millions like carrots and the ubiquitous stick in case a media house tries to go against their interests. Mobile companies, soft drinks makers, brewers, airlines and consumer goods manufacturers are notorious for making media houses to bend backwards for ads. Media houses are often the reluctant partners who have no other option. I faced this first hand as copyeditor and business reporter at The Standard and as business editor at Nation newspapers. My former employers won’t like this, but there are no two ways about it. Orders would come from above to treat certain companies well because ‘they support us’. Treating well in newsroom lingo means using their articles or photos prominently even if they are launching, say, an in-house human resource policy. It would also mean not publishing anything negative about them, even if they screw up

a service or client or contravene industry guidelines. On the extreme big ad spenders would push to the limit coverage of their competition. Some lobby for their rivals to be given blackouts. And it went beyond news to even editorials and opinions. If you are a keen reader you will notice most editorials touching on sectors that bring more ads are always favourable towards the players there in. It’s not by accident. It’s advertising money doing its rightful job. Opinion pages will occasionally carry articles written by industry captains or certain representatives, often PR spins to promote their brands and campaigns. Those commercial interests are vicious. You run afoul any of them and your career is put on the line. Many reporters have been suspended or fired for stepping on their toes. To avoid this conflict journalists who can’t comply avoid touching those beats.

Opinion pages will occasionally carry articles written by industry captains or certain representatives, often PR spins to promote their brands and campaigns.

You can arguably credit the financial success of certain newspapers and television stations in Kenya to consistent massaging of advertisers’ egos. Those who try to be independent often struggle to fill their pages/commercial breaks with ads and end up with lower revenues.

things about them can easily close these lucrative ad pipelines.

But as long as the shillings are rolling in credibility, it seems, doesn’t matter anymore for media houses

News desks can try some investigative reporting, but will lean towards hapless ministers, parastatal heads, NGOs, churches or education institutions. But business desks can’t dare. Their hands have a golden handcuff. Rocking the boat is like biting the hands that feeds you. This scratch-my-back-I-scratch-yours relation between media houses and advertiser has put journalists between the vicious commercial gun slingers and an increasingly critical public whose trust in media is waning. But as long as the shillings are rolling in credibility, it seems, doesn’t matter anymore for media houses. That’s 21st century trouble with journalism. And it’s killing journalism as we know it. Luke Mulunda, a former business editor, runs www.businesstoday. co.ke lmulunda@gmail.com

Ever asked why investigative journalism has died? Often scandals involve private firms and government who, incidentally, are the biggest advertisers. The government spends about Ksh7 billion annually on ads, according to Ipsos Synovate, while top five private advertisers splash upwards of Ksh30 billion. Writing negative

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Revealed: Ghost of graft in parliamentary reporting

Some journalists have converted their interaction with MPs, Senators and MCAs into a source of rent and an arena for cutting deals. OWINO OPONDO explores this sad state of affairs that signals a profession in jeopardy. That corruption exists in newsrooms is a settled argument.

of stories and use among corrupt parliamentary reporters.

A lot of ink, space and airtime have been spent discussing lack of ethics in local journalism, with measured breath of confession, though.

We, who should be first drafters of history and peddlers of the balanced truth, have for long been saddled with bended intentions

We, who should be first drafters of history and peddlers of the balanced truth, have for long been saddled with bended intentions. It is time we called a spade a spade and not a factor of production. Yes, corruption is eroding what has been left of public faith in Kenyan journalism and is – ferociously - clawing into the bones of the practice. I don’t intend to address how corruption rears its ugly head in journalism generally. That has had its adequate share of open and closed discourse. This article explores the “other” factors that influence choice

The word Parliament is used here to refer to the National Assembly, the Senate and County Assemblies. My interaction with the Parliamentary Beat for over a decade at different levels reminds me that most reporters there are well-meaning professionals with eyes and ears on the truth. They painstakingly invest long hours listening to honourable members discuss crucial and mundane

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matters – sometimes with vigour and enthusiasm, others with reckless abandon – only befitting themselves. Yet it is in the same journalistic “crowd” that exist some unethical reporters. To them, their interaction with MPs, Senators and Members of County Assemblies (MCAs) is a source of rent and an arena for cutting deals. Many days, you see them with notebooks, pens and cameras. Smartly dressed, they aimlessly roam corridors of Parliament with ‘informed’ inclined swagger, dangling fake press cards and pretending to be knowing everyone, everywhere. They may speak fairly good English and/or Kiswahili but drawl lamentably when issues of legislative procedure and coverage follow-up are touched. In short, they are pretenders with no duty call post.

Their cousins in this game of jolts come from formal newsrooms. They, also, have sold their journalistic ethics and soul to piper payers hellbent on manipulating stories from Parliament to their favour.

newspapers, television and FM radio stations, and blogs. Some are on record for taking positions on national and county issues.

To identify them, look up the press gallery when MPs crunch a noncontroversial Bill with national or county utility value in the committee of the whole House.

They may speak fairly good English and/or Kiswahili but drawl lamentably when issues of legislative procedure and coverage follow-up are touched

They will be absent, only to re-surface during inane Motions, personal statements, or when a controversial report of an investigative or ad hoc committee is tabled and discussed. Why? It is because such wayward journalists are retained to monitor House reports that have adversely mentioned their corrupt paymasters, businesses or institutions under their watch. Next moment you see them, they will be whispering away on their expensive smartphones and making wild promises, a la: “Don’t worry, muzito (big man), we will not carry that story. I will talk with my editor to delete your name if the story must be published/aired. I assure you, I am in charge of events here.” Then they join their colleagues in the Press Centre to monitor how the stories in which they are interested are being written or relayed live to newsrooms. Sometimes – and being clever by a half – they may even want to win over colleagues with an angle to the story, only that their suggestion must be in favour of their corrupt friends. Sharp, ethical journalists would stand their ground and politely reject such unsolicited proposals. That same evening, the messengers of untruth would be in expensive pubs quaffing colossal amounts of expensive alcoholic beverages … until reports by rival media houses nail their benefactors. Another threat to parliamentary journalism are owners of media houses, especially those small family or personal outfits such as

So much so that reporters from those stations are compelled to tweak stories to favour the directions of their employers. So, a big story breaks in Parliament but there is no mention of it in some media outlets. Or the story is carried, but the angling is yawning; bereft of the meat that was the core of the matter on the floor of the House. Consequently, consumers of those media outlets are shortchanged through misinformation. ThisISdown-on-bended-knees syndrome afflicting privately owned media houses is likely to explode, now that the Jubilee government seems to be all set out to stifle divergent democratic voices by deciding which media house should receive what advertising money. By creating the communist-type Central Advertising Agency to gauge the advertising needs of all government agencies and the suitability of all media, the government is sending out an ominous message to media houses: You have to play according to my rules, or I starve you of advertising revenue.

However, the looming danger is that a good number of streetsmart media owners will be forced to numb their daggers on any story that may portray the government negatively, such as corruption, unfair distribution of resources and abject ethnic and regional imbalance in public appointments. And because the government is the biggest advertiser, media houses with eyes on government advertising revenue will have to – directly or indirectly – interfere with editorial content so as to appease Big Daddy. This is the beginning of the end of independent, private media in Kenya. Then there are big local and multinational companies that gloat of paying the national coffers billions in taxes. They rank under the government in top manipulators of stories from Parliament, and, perhaps, most brazen in their demands for favourable media coverage. Any time they are adversely mentioned by MPs, Senators and MCAs, their big bosses have the temerity to call top media managers demanding that such stories be not published. Or that they should only be carried or broadcast at the risk of withdrawing their advertising. That pressure is pushed to editors who ask reporters to “play safe” with the story. Ethical parliamentary journalists who stick to their gun suffer the solitary disdain of failing to recognise their story that is finally aired or published! Owino Opondo, a former parliamentary editor, is a media and legislative consultant hopondo66@gmail.com

I will, for now, reserve my comments on the constitutionality and/ or practicability of the Agency. But I am fearing I am right – that every government ministry has its own accounting officer and the agency is likely to create infantile bureaucratic territorial conflicts among government departments over when and where to advertise.

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Graphic images: When not to cross the line

PETER MWAURA argues pictures should be manipulated to enhance communication and improve news value but unfortunately in many cases, when journalists manipulate them, truth-telling is the last thing in their mind.

When The Sunday Nation published on September 22, 2013, a gory picture of a woman victim of the Westgate Mall terrorist attack, the then Nation Media Group CEO Linus Gitahi apologised to Kenyans, admitting that the paper had made poor judgment in using the graphic image. On his Twitter handle, he wrote: “Kenyans, we made a poor judgment on our front page photo today. We sincerely apologise for the hurt caused.” One of the reasons the front-page close-up photo offended so many readers was because the original photo had been “flopped” to make it look more dramatic and horrifying. iMediaEthics noted that The New York Daily News had used the photo taken by Reuters correctly, and that The Sunday Nation changed

the photo to show it 180 degrees different. The Sunday Nation caption for the picture text read: “A victim shrieks in pain after gunmen attacked a city shopping centre, killing at least 30 people yesterday. “ The readers of the The New York Daily News did not protest the picture. The question then arises as to why and when the publication in the media of photographic images that are too graphic and gruesome is considered unethical, unacceptable and unobjectionable. We should expand the question to further ask: When should journalists publish graphic or gruesome images and videos? And when do published images and videos constitute sensationalism or exploitation? When and how should images be altered? To answer the last question first, let’s first note that modern technology has revolutionised photography and made it easy to manipulate. It is no longer true – if ever it was –that

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pictures cannot lie. Today, software such as Adobe PhotoShop has made it possible to retouch, re-size, re-shape and manipulate photos to create a new “reality” and “truth”. With a few clicks of the mouse of a computer, objects can be removed from a photograph or new ones inserted. For example, you can take a picture of former President Moi and depict him dancing the dombolo, or retouch the picture of South Sudan President Salva Kiir to make him look as light-skinned as President Jakaya Kikwete of Tanzania. Pictures can also be enhanced or corrected, cropped or framed to bring out or emphasize certain features. So photo manipulation can mean different things, though it always about altering the original image, and changing it in some way. The 2006 edition of Merriam Webster defines photo manipulation as “the application of image editing techniques to photographs in order

It is no longer true – if ever it was –that pictures cannot lie to create an illusion or deception, through analog or digital means.” But whatever the purpose, in photojournalism images should not be altered to tell lies, to alter reality or to cause harm. Ideally, photos should be manipulated to enhance communication, to maximize truthtelling, to improve the news value of the pictures or videos in question. Unfortunately, in many cases, when journalists manipulate pictures truth-telling is the last thing in their mind. As an illustration, imagine this conversation, which could have taken place between a photographer and a newspaper editor on the Thursday of August 29, 2013, when a bus crashed at Ntulele in Narok, killing 41 passengers and attracting national attention:

Readers love blood, gruesome stories and photographs

Editor“: If it bleeds, it leads. We’ll use this pic on the front page. Readers love blood, gruesome stories and photographs. Look at her hairdo -she’s only a child --and how ruffled and bloodied it looks. Touch up the cuts on her eyebrows and lips to bring out the bloody cuts. Crop it to emphasise the head injury.” Photographer: “I will also cut out the people surrounding this woman who is weeping so that we can have a more dramatic picture.” That is image manipulation, courtesy of PhotoShop and similar photo-editing software. Whatever the case, to manipulate photographic images to make them look more graphic and gruesome is unethical. Moreover, even without manipulation, images that are too graphic may cause psychological and emotional harm to viewers including children, the victims and their relatives.

Unfortunately, it is not easy to draw the line between what is ethical and unethical when images that are too graphic are used or when they are manipulated to look more graphic. Sometimes culture and proximity to the event, the medium being used, as well as the time and nature of the event may influence where the line should be drawn. For example, the readers of The New York Daily News did not protest the use of the bloody picture of the woman victim of the Westgate Mall terrorist attack because of the distance of the event and the different cultures involved.

Unfortunately, it is not easy to draw the line between what is ethical and unethical when images that are too graphic are used or when they are manipulated to look more graphic. However, the use of the image on television, which was likely to be watched by children, may have been unethical anywhere in the world regardless of distance and culture. Similarly, many viewers and readers object to the showing of the strong images and video clips that depicted the killing of Gaddafi, and disturbing photos of his body on television, regardless of him being considered a dictator by many people. The photos were too graphic and gruesome and were disturbing to many people including children and adults. Graphic depictions of their death and violence, images of naked corps and severed body parts, disturbing images of war, grisly pictures of disaster and tragedy, are considered to be insensitive and dehumanizing and should be avoided in news media, especially when do not add value to the news. Publishing such images is usually aimed at nothing more than sensationalising a story for commercial purposes, not telling a story more truthfully. It is exploitation of base and gross emotions. It is unethical.

Journalists of course are committed to accuracy and truth telling and they can argue that graphic and horrific images convey reality, and therefore should be used. That is why it is difficult to know where to draw the line in deciding what is too graphic. But as a rule of thumb, images that are dehumanizing and insensitive, disrespectful to the victims and their relatives, or are likely to offend a substantial number of readers and viewers, should not be used. It should also be remembered that the power of images is overwhelming, as research has shown. Eugene Goodwin in his book, Groping for Ethics, says pictures usually have more impact on people than written words. “Their capacity to shock exceeds that of language,” he says. Images can shock. They can be insensitive, gross, or in bad taste. Images are likely to provoke strong emotions, especially if they are published on television or on the front page of newspapers and printed in colour. That is why, for example, US news organisations are reluctant to show explicit photos of fallen US soldiers for fear of negative reaction from readers, including veterans and public officials. Regardless, the media in Kenya should not publish images that dehumanize or sacrifice the dignity of victims. The media should always ask these questions: Will the image offend the dignity of victims or offend viewers? If they don’t show the images, will they be sacrificing reality or sanitizing an ugly reality that people need to see? Does the images add value to the news? Peter Mwaura is a veteran journalist and the current Public Editor at the Nation Media Group. pnmwaura@ke.nationmedia.com

July - September 2015

MCK mobile system to expose ‘quacks’ By Kevin Mabonga

The Media Council of Kenya has developed a system to expose rogue journalists in its efforts to promote professionalism in the media industry. With the new system, one can easily establish the status of any journalist accredited by the Council through a mobile phone thus stop cases of impersonation and bribery. There have been numerous complaints of people soliciting money in the name of journalists. On many occasions unscrupulous individuals have taken advantage of the situation to harass and get money and other favours from the public.

Just a click All you need to get full details of a journalist is sending a text message with the accreditation number of the journalist which is found below the barcode on the front part of the card to 0715000111. You will then receive the journalist’s details including the name, media house, position, ID number and the press card’s date of expiry. So far, the Council has accredited over 5000 journalists. Out of these, only 2500 are active meaning the rest have either opted out of the industry or are yet to renew their press cards. Journalists are required by law to renew press cards annually. Local journalists pay Ksh2000, foreign journalists, Ksh5000 and

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student Ksh300. For more details on accreditation log on to http:// mediaCouncil.or.ke/en/mck/index. php/programs/mck-accreditation The updated list of all accredited journalists in the country can also be found on the Council’s website www. mediaCouncil.or.ke In line with this, MCK CEO Haron Mwangi has urged all journalists to ensure that they are registered with the Council as provided for in the Media Council Act 2013. Send Press Card Number to

0715000111

Why distorting photos is an ethical gaffe

The art of blurring peopleâ&#x20AC;&#x2122;s faces in images for publication or broadcast is not only an outdated practice but also portrays lack of creativity and demeans the subjects involved, argues JAMES RATEMO Undeniably, you have seen photographs of people whose faces have been blurred appearing in newspapers, television and online. They do it all the time in the name of protecting identity of people. However, it remains debatable whether this practice portrays professionalism. You may argue that this has been the norm over the years but that does not mean it is right.

story is a minor whose identity you must protect.

Blurring a face, in my opinion, amounts to dehumanising the person involved and does not portray creativity. Blurring a face, in my opinion, amounts to dehumanising the person involved and does not portray creativity. Often photographers meet subjects who do not want to be photographed. Sometimes it happens that the subject of your

Simply put, photographers need to be creative when their aim is to hide identity. It is better to shoot (capture an image) from the back or at angle where the face is hidden rather than distorting the face, blacking or whiting it out. Blurring removes high-frequency detail from an image while blacking or whiting hides a part completely. There are many ways of hiding identity in pictures that are much better than blurring.

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My interaction with photo journalists and editors revealed that often, they end up blurring, whiting or blacking faces when they discover the subjects need protection. I had opportunity to interact with photojournalist Matt Moyer, during training for Kenyan photojournalists, organised by Internews in Kenya.

If you must hide the face of a subject in a photo, then stand behind your subject or have an intermediary between the camera and the subject Matt, who has worked on assignments for publications such as National Geographic, New York Times and The Guardian argued that blurring faces is disrespectful to the people involved. This is especially true because the people whose identity you want to protect may recognise themselves and of course they would not be happy to see their blurred faces. Supporting this view, Joseph Kariuki, the Star Newspaper online editor, says photojournalists should hide faces during the composition stage rather than during editing. “If you must hide a face,” says Kariuki, “there are creative ways to achieve that. Blurring is a lazy technique which should be avoided by professional photo-journalists and photo editors.” According to him, blurring a photo during editing distorts the picture and it is unprofessional.

“Why should you take pictures of a rape victim or minors in the first place then start blurring their faces? If you have to use the photos, then hide their faces as you compose the photos because it is possible to achieve that with a camera,” argues Kariuki. Capturing from behind I agree with Kariuki and Moyer. If you must hide the face of a subject in a photo, then stand behind your subject or have an intermediary between camera and the subject. That way people will not see the face but you will have avoided the eye-irritating option of blurring. This is also applicable for cameramen and women when filing stories for TV. Instead of capturing a subject’s face then struggle to hide the face through blurring, it would look creative and professional to shoot from an angle then distort the voice. However to achieve this in the field, those behind the camera must be acquainted with knowledge governing photography of minors, rape victims and other subjects who need protection. Strategic placing of the subject If you must blur a photo, then do it using the camera’s zoom. If you zoom in your lens to capture a close up for instance, you can attain a shallow depth of field, which can create an artistic blur. This is better than a photoshop blur. All in all, what a professional photo journalist should avoid by all means

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If you promise someone anonymity, don’t use a picture of them at all. is having to distort a photo at the editing stage. Who is to blame for distorted photos “Photojournalists are the first gatekeepers of photos in the newsroom. They should be trained on how to compose photos that won’t need distortion to hide faces,” explains Kariuki. With advancement in technology, hiding someone’s face through pixilation (blurring) is not enough because it could be possible to identify the people by a simple search online. With Google’s search by image feature, you cannot lightly pixelate a picture that already appeared anywhere on the web and expect to protect identity because one can retrieve it. Basically, you just drag an image from the web, drop it into Google Images, and it will do its best to identify the person on it. In most cases, the match is perfect meaning blurring images online may not really work. You may need to use another trick to hide identity in photos. One commentator, Mark Summerfield, on the media watch blog says: If you promise someone

anonymity, don’t use a picture of them at all. Summerfield says image comparison technologies like Googles’s Search by image and TinEye, can help reveal true identity of people in blurred images. Read the blog here: http:// tinyurl.com/7g4xvdq and http:// tinyurl.com/ph6cjo2 The Code of Conduct for the Practice of Journalism as entrenched in the Second Schedule of the Media Act 2013 has a clause on obscenity, taste and tone in reporting. “Publication of photographs showing mutilated bodies, bloody incidents and abhorrent scenes shall be avoided unless the publication or broadcast of such photographs will serve the public interest…where possible an alert shall be issued to warn viewers or readers of the information being published,” reads the clause. This clause has seen photojournalists opt to blur not only faces but parts of the human body that could amount to obscenity. Under the clause: Protection of children, the code stipulates that: (1) “Children shall not be identified in cases concerning sexual offences, whether as victims, witnesses or

defendants. Except in matters of public interest, for example, cases of child abuse or abandonment, journalists shall not normally interview or photograph children on subjects involving their personal welfare in the absence, or without the consent, of a parent or other adult who is responsible for the children. (2) Children shall not be approached or photographed while at school and other formal institutions without the permission of school authorities. (3) In adhering to this principle, a journalist shall always take into account specific cases of children in difficult circumstances. Journalists should be familiar with clauses in the code that touch on use of pictures. Below are more clauses that photojournalists need to familiarise themselves with as they compose photos to avoid situations that would call for blurring. Victims of sexual offences The media shall not identify victims of sexual assault or publish material likely to contribute to such identification.

Use of pictures and names (1) As a general rule, the media shall apply caution in the use of pictures and names and shall avoid publication when there is a possibility of harming the persons concerned. (2)Manipulation of pictures in a manner that distorts reality and accuracy of news shall be avoided. (3)Pictures of grief, disaster and those that embarrass and promote sexism shall be discouraged. Innocent relatives and friends The media shall not identify relatives or friends of persons convicted or accused of crime unless the reference to them is necessary for the full, fair and accurate reporting of the crime or legal proceedings.

James Ratemo is a veteran journalist, media trainer and the current head of communication at the Media Council of Kenya. jratemo@mediacouncil.or.ke

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Correspondents and the mirage of professionalism

WILLIAM OLOO JANAK looks at the plight of correspondents in the wake of calls for professionalism in the media and why it may still be business as usual. The d e ba t e regarding the place of professional and ethical Journalism in Kenya is unlikely to fade away any time soon. The issue remains very alive and needs a hard but honest look within the context of Kenyaâ&#x20AC;&#x2122;s new Constitution, which provides for a wider press freedom space in Article 34. Yet it is clear that journalists and other media industry players, including editors, managers and

media owners, have not sufficiently confronted this discussion with the honesty and seriousness. There are different perceptions and views within the media industry on

field has seeped into journalism training institutions and threatens to dampen the level of enthusiasm with which those training to become journalists look at the media industry.

There is no agreed framework within the media industry to address the plight of correspondents.

Most correspondents hold the view, and energetically express it that professional and ethical journalism is a mirage in Kenya, at least in the foreseeable future, so long as media managers and owners conspire to keep them underpaid and leave them on their own when they face professional challenges, including litigation and threats to their safety and security.

why there is low professionalism and adherence to ethics. This debate and the realities in the

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There is no agreed framework within the media industry to address the plight of correspondents. There is increasing “casualisation” of labour in the media industry, not only in Kenya but across East Africa. This trend is also seen in varying degrees across the rest of Africa, Europe and the rest of the world. In Kenya, the recent mass lay-offs of journalists at the Standard Media Group present a case for the clearest indication of this trend, which makes it difficult for professionalism to thrive since such actions create a sense of insecurity and frustration among journalists. The lay-offs and switching from one media house to another goes on all the time, often quietly. The tragedy is that little or no information will emerge from the media over the dire situation facing journalists. Journalists do not also like talking loudly about their suffering. They merely grumble and expect advocacy organisations such as the Kenya Correspondents Association (KCA) and the Kenya Unions of Journalists (KUJ) to wage wars with employers on their behalf without any serious affiliation and respect for membership obligations. The situation is different among other workers such as teachers and nurses, who take their advocacy organizations seriously and loudly engage employers.

Some media owners, managers and editors feel that correspondents are “somehow able to survive out there” and there is no need to address their labour conditions Correspondents also blame lack of professionalism and dwindling ethical conduct on their editors and employers and consider them unwilling to invest in them. Editors, managers and media owners on the other hand argue that correspondents are lazy, prone to taking bribes from news sources and are so hopelessly unethical that nothing is likely to change even if they were to be paid better salaries and other terms improved. This is partly where the discussion suffers. Correspondents and other lowly paid reporters on contract or full time employment begin to justify getting embedded with news sources and institutions for favours. This unfortunately leads to skewed stories and lack of depth. True, there are some media outlets that are young and may not offer competitive remuneration. But even the big media with super profits respond grudgingly to calls for better pay to their reporters and correspondents. The level of frustrations and

discomfort among journalists is unspeakable. Many journalists prefer to suffer in silence. Correspondents suffer more as they have no defined job description and contracts, making them vulnerable. They then prefer the path of self- preservation, “to keep going” as they hope for “something else, much better” to come up. KCA, the Media Council of Kenya and other media organisations have organised many training workshops meant to improve professionalism and ethical conduct among journalists but this never appears to change things. The degree of despair and a sense of “accept and move on” rule the lives of most journalists.

The media regulatory framework has virtually collapsed under our watch and with the active connivance and glee by the government

Some media owners, managers and editors feel that correspondents are “somehow able to survive out there” and there is no need to address their labour conditions. There are many correspondents who go for months without any form of pay, especially among the emerging radio stations while some remain “interns” forever even when they act as news editors.

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The hard realities that characterise working as correspondents are hardly appreciated by editors, media managers and owners. Inadequate remuneration, little solidarity and support from the media houses in the event of intimidation and attacks, pressure from powerful politicians and other players, including criminal elements and ethnic considerations all play a role in making it difficult to attain any measure of professionalism and ethical behavior. Between January and August 2015, more than 20 journalists, mostly correspondents, have faced attacks, intimidation, harassment, and death threats but the media houses and employers have remained unresponsive, even in the most critical cases, apart from merely publishing stories on such incidents. There has never been a visible sense of collective outrage by the media industry players in the face of the many cases of threats to press freedom, either touching on journalists or the media houses.

The hard realities that characterise working as correspondents are hardly appreciated by editors, media managers and owners.

Bills with visible disdain, a situation which obtains to date. The same groups were not overly supportive when in January 2014, KCA, the Editors Guild and KUJ went to court to challenges the constitutionality of the two laws. Nation Media Group, The Standard, Royal Media and the Media Council also joined the court case, espousing their interests. The High

Critical stories generated by the correspondents are routinely “killed” or slanted to soothe the sensitive egos of the new sources of advertisement revenue. Court consolidated all the cases into one, which remain under its prolonged adjudication now, nearly two years on. In other countries, a landmark media case of this magnitude would attract massive interest and hordes of journalists and other media stakeholders to the courtroom during hearings. But this has not been the case. The divided and dismissive opinions within the media industry were also fairly openly expressed during the digital migration saga pitting the Nation, Standard and Royal Media Services against the government.

KCA, KUJ and the Kenya Editors Guild led a spirited campaign against oppressive media laws in 2013, culminating in countrywide demonstrations on December 3, against the Media Council and Kenya Information and Communications Amendment (KICA) Bills of 2013.

Few media industry players probably even remember that we have the case pending in the High Court, whose outcome will have far reaching ramifications for the industry. Over the past 18 months, few media industry players turn up at the court during hearings.

Media stakeholders presented worryingly discordance, with some dismissing opposition to the two laws which the National Assembly eventually passed and were signed into law by President Uhuru Kenyatta on December 24, 2013.

The media regulatory framework has virtually collapsed under our watch and with the active connivance and glee by the government. What is there to guide the media sector, the national and devolved governments in managing this tenuous relationship?

Sections of journalists, media houses and organised media institutions looked at the opposition to the

Powerful political leaders and cartels have emerged at the

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county level that have actively recruited journalists, mostly the correspondents into different camps and manage the information gathering and dissemination processes in their own interest. Many journalists have transited to the county governments as communication officers and Hansard reporters. Some countybased journalists have joined the “tenderprenuership” craze at that level to make money, either actively doing business with the county governments or seeking to please the new powers for small benefits. Clearly, journalists based in different counties are divided into various opposing and competing camps, some supporting the sitting governors while others are with the critics of the county governments, which are legion. Some of the journalists even actively manage the social media platforms for those campaigning to replace the current governors, MPs, senators and MCAs. The scramble for the lucrative advertising pie from the county governments has seen the major media houses adopt an “appeasement” approach to the governors and their county governments. Critical stories generated by the correspondents are routinely “killed” or slanted to soothe the sensitive egos of the new sources of advertisement revenue. It is getting murkier by the day, and the situation will worsen as we move on, the more reason debate on professional and ethical journalism will not go away soon. Oloo Janak is the chairman of Kenya Correspondents Association williamjanak@yahoo.com

Harassment: Why journalists arenâ&#x20AC;&#x2122;t sitting pretty

JANE GODIA discusses why newsrooms should no longer be breeding grounds for harassment, particularly of female journalists which still remains at an all time high. All Lizzy had wanted was to become an excellent journalist. However, things were not working as she expected. Anytime they went out to cover an event, her name never appeared on the story by-line, although she always did the first copy before the senior reporter would make additions.

Through asking around, Lizzy was told that unless she agrees to his demands for a night out,her by-linewould never see the light of day. And Mike knew he was a good writer, especially since he was a student of political science and had taken journalism in his postgraduate studies. However, despite his experience, the news editor never assigned him to cover some politicians because he never spoke

their language even though the meetings were always conducted in the national and official languages. Mike felt harassed but could not complain that junior reporters who were ethnically correct were being sent on assignments that in ideal circumstances would have been for a reporter of his calibre. On the other hand, David was an experienced reporter, but within a short time, he found out that interns were being sent out to cover

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assignments that were originally his beat. He was perplexed with what was going on and did not know who to turn to. Soon,David realised that girls who had given in to his supervisor’s sexual demandshad taken over his assignments. Joe was also a victim. He was good political writer and his stories could win him the Pulitzer Prize. However, one day, he wrote a story that

training plays a big role in shaping the ethical worldview of a journalist

touched on a big man who had a lot of influence. Soon, he started receiving death threats. These are examples that constitute harassment in the newsroom from within and without and they are as varied as the victims. The newsroom being a space where human beings interact is prone to various forms of harassment irrespective of whether the victim is man or woman.Harassment can be internal or external. In the instance of internal harassment, the perpetrators are either supervisors, managers or colleagues and this knows no gender boundaries though the women suffer disproportionately from the harassment. Harassment loosely defined describes anything one perceives to be unfair or overly critical. In January 2015, the United States Equal Employment Opportunity Commission was told that work harassment remains a big problem. Deborah England in Essential Guide to Handling Workplace Harassment and Discrimination, notes that harassment is an unwelcome conduct that creates an intimidating, hostile and oftenoffensive work environment.

England observes that an employee should never be conditioned to submitting to inappropriate work place behaviour but unfortunately,this happens across work places including newsrooms the world over. Sometimes, harassment gets so bad that the victim is either forced to submit to some demands or resign. A hostile newsroom environment is a fertile ground for harassment and is a situation where the journalist is subjected to unwelcome conduct which could be from the supervisor, colleagues or other external forces. It is absurd when outside forces threaten journalists with the intention of barring them from performing their journalistic responsibilities. Female journalists remain the biggest victims of harassment in newsrooms.Statements, gossips, slur and photographs that colleagues post on social media networks or transmit via emails, short message texts and tweets can be considered harassment.

It is absurd when outside forces threaten journalists with the intention of barring them from performing their journalistic responsibilities.

Other forms of harassment include gender bias, disability discrimination or being forced to put in longer hours than is necessary as a way of punishment when the boss feels that they don’t like somebody or that the person has rejected their demands. According to Jane Thuo, former Executive Director Association of Media Women in Kenya and now a lecturer of journalism at the University of Nairobi, harassment particularly of female journalists in the newsroom remains at an all time high. Thuo notes: “Listening to journalists

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speak of the kind of harassment they witness in newsrooms is an indication of a sorry state of affairs.” The women who are pregnant or have just had babies are called all sorts of names even when they were top notch journalists before the temporary condition set in. “Those who are pregnant or have had babies and cannot go for certain assignments are called lazy, useless and worthless and not doing anything worthwhile with themselves or the organisation,” says Thuo.“They feel harassed and some are forced to resign from their jobs.”

Unless the media is transformed from within, newsrooms for a long time to come will remain a breeding ground for all forms of harassment.

Thuo says some journalistswill entertain the harassment simply because they want to rise up the ladder of their career. “There are those who give in to sexual overtures because they have the mentality that this is the only way for them to rise up professionally.” Sexual harassment, therefore, remains a very common form of harassment in the newsrooms. According to Rhoda McFarland in Working Together Against Sexual Harassment, sexual harassment is any unwanted behaviour towards a person and can be in the form of sexual comments or touching to make one feel uncomfortable. McFarland notes that at times, sexual harassment forces one to do certain things simply because they must hold on to their jobs seeing they have no where else to turn to. Favouritism in the newsroom remains common and is also a form of harassment. At times, women who have bowed to sexual overtures

are favoured over their colleagues even when they are way below delivering on assignments. Other times favouritism takes ethnic or political directions when managers and supervisors tend to favour people who are aligned to their communities and harass those from other tribes. Politics in Kenya has also played a huge role in affecting journalists in the newsroom where when media owners or managers feel that a journalist or editor is not leaning towards their political affiliation, then they do not even deserve a pay rise or promotion. They are denied certain special benefits that their colleagues get. According to Wilson Ugangu, a lecturer of Media and Communications at the Multimedia University, ethnic favouritism is a form of harassment. “Ethnic harassment can be found in newsrooms when one is denied opportunity to cover certain stories or gain entry into certain positions simply because of their ethnicity or political leanings,” says Ugangu. He notes: “Ethnic favouritism and harassment often end up being barriers to exhibits of good journalism.” Unesco,in World Trends in

Freedom of Expression and Media Development: Regional Overview of Africa, says threats, harassment and violence have often emanated from state actors in some countries

Other times favouritism takes ethnic or political directions when managers and supervisors tend to favour people who are aligned to their communities and harass those from other tribes.

particularly when journalists are affiliated with covering the opposition. Elections have continued to be particularly perilous times for journalists with a lot of external harassment. It notes that harassment in newsrooms in the form of intimidationand threats have led to kidnappings, arrests or murder of journalists. Unesco sayscontinued existence of defamation and use of antiterrorism laws have been primary enablers of journalists imprisonment in Africa completely affecting operations of newsrooms. David H. Weaver and Lara Willinat

in The Global Journalist in the 21st Century note that factors within the newsrooms seem to be more influential than factors from outside when it comes to journalists’ daily work. However, they note that external influences might be stronger for certain categories of journalists and these are mainly for those who file business or political news. Harassment in the newsroom, in whatever form it takes whether favouritism, ethnic or sexual, will definitely affect output and be a major barrier to good journalism. Unless the media is transformed from within, newsrooms for a long time to come will remain a breeding ground for all forms of harassment. Jane Godia is a Gender and Media Expert and serves as Managing Editor at African Woman and Child Feature Service (AWCFS). She is also a member of the Editorial Board of the Media Observer magazine. jgodia@awcfs.org

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The link: Training and professionalism

MUTHONI KING’ORI addresses the link between training and professionalism and speaks to journalists on whether training given to them impacted on the standards they uphold in their jobs Professionalism is the high standard you expect from one who is well trained in a particular job. This definition by the Oxford Learner’s Dictionary illustrates that there is a link between the training one gets, and the expertise or competence one exhibits in a particular job. The issue at hand is how the training given to journalists impacts on the standards they uphold in their jobs. Colleges and universities that train students for the journalism field have curricula that include courses that tackle media ethics. These courses are supposed to inculcate in students, the right attitude and behaviour that is expected of them once they become members of the Fourth Estate. But there are several questions that journalists and the media industry at large have always grappled with. Who is a journalist? Does one

really need training to become a journalist?

training plays a big role in shaping the ethical worldview of a journalist

It is in the endeavour to answer these questions that the Media Council of Kenya was established. One of the main functions of the Council is to lay down standards for journalists and media organisations. Another function relevant to this discussion is the Council’s mandate to work together with training institutions to set standards for professional education of journalists. To fulfill this mandate, the Council has developed a journalism curriculum for middle level colleges. However, even with these efforts, cases of unprofessional conduct where some journalists engage in corruption are still reported in the media industry.

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I sought to get the views of a number of media practitioners on the link between training and professionalism. Kennedy Osir, a Chief News Editor, TV at KBC agrees that training plays a big role in shaping the ethical worldview of a journalist. He however, points out, that ethics is a personal choice. “Ethical conduct depends on one’s moral attitude. It depends on one’s individual ideals,” he says. “I feel training is a small part of the issue. Even trained journalists engage in unethical behaviour. The problems lies with the individual and the kind of legacy they want to leave once they exit the media industry,” Osir adds. Osir argues that training institutions must also work harder to instill ethics in journalism students. He says that the Media Ethics classes tend to merely mention the brown envelope syndrome rather than inculcate in students strategies of avoiding the vice.

Another editor, Josephat Odipo of Radio Citizen,says the level of corruption in media is going down because of the growing number of media houses.

“The Council should work together with other professional bodies such as KUJ to push for better training and better working conditions for journalists in terms of remuneration, medical cover and other benefits,” “The growing competition means that one cannot kill a story because he or she has been given a brown envelope. The story will definitely run in a rival station. Corrupt sources also find it quite expensive to pay off all the journalists from the numerous stations,” he says. Odipo, who is a News Editor, says training institutions cannot take all the blame for the unprofessional conduct that some journalism graduates exhibit on the job. He notes that some graduates are very good at their job while others are pathetic. “Media houses should orient interns and new recruits who join their organizations on media policy. This ensures that the new employees know what is expected of them in terms of professionalism and ethics,” Odipo says. Odipo points out that the reason that corruption in media is hard to fight is because of the reluctance by sources to report the vice. “Sources fear that if they come out and say so and so solicited money from them, they will be given a black out by the media. This makes it hard for media to act against rogue journalists because they cannot act on rumours,” he explains. But while Osir and Odipo argue that things are looking up in terms of professionalism in the media, Vincent Lempaa, an advocate of the High Court who isalso a trained journalist feels that the Kenyan media has a long way to go. Lempaa takes issue with what he terms, infiltration of the media industry by comedians. “These

comedians have found their way in management and yet have no media training. They defame people in the course of their work because they have no training in media law and ethics,” he says. Lempaa adds that poor remuneration of trained journalists has also contributed to unprofessional conduct in the media industry. He says that the proliferation of FM stations and TV stations means that many journalists are paid a paltry 20,000 or 30,000 shillings. The other problem, he notes, is the fact that a good number of journalists in Kenya are correspondents who depend on the number of stories published or broadcast for their pay. “Most of these journalists end up as mercenaries for hire and rarely uphold professional standards,” Lempaa argues. Lempaa challenges the Media Council and organisations such as the Kenya Union of Journalists (KUJ) to work together to ensure

“Sources fear that if they come out and say so and so solicited money from them, they will be given a black out by the media. that Articles 35 and 41 of the Constitution are upheld. “The Council should work together with other professional bodies such as KUJ to push for better training and better working conditions for journalists in terms of remuneration, medical cover and other benefits,” Lempaa adds. I also spoke to two interns about their experiences in newsrooms. Laura Nayere, who has a diploma in Journalism from Multimedia University of Kenya, says she has not encountered any unethical practices in the field. “I did not see any of my colleagues engage in unethical practices,”she says. Laura says the courses she learnt on campus prepared her adequately for the job market. She further says thatmedia ethics courses run by

the Association of Media Women in Kenya-AMWIK helped add on to what was taught in class. Lucy Kamau, a St. Paul’s University journalism student who is an intern at the Standard Newspaper describes the Media Law and Ethics course she took at campus as extremely helpful. “What we learnt at university, especially the practical courses prepared us well. At the same time, on my first day at the Standard I was oriented on the code of conduct and media policy. This helped me understand what was expected of me,” she explains. For Kiundu Waweru, a reporter with The Standard and a journalism student who is about to graduate from St Paul’s University, media training has helped in refining his professionalism. Kiundu, who began his journalism career as an untrained journalist, says the journalism training he has undergone has helped him define his craft from a knowledge point of view. “After taking courses such as Media Law and Ethics, I can rationalise why I should make a certain ethical decision and why certain behaviour is best,” Kiundu says. Nevertheless, Kiundu feels there is a negative aspect to this new way of thinking. “When one is untrained, one is more creative and different. After the training, one starts thinking of the 5Ws and H and other rules that water down the creativity,” Kiundu adds. Kiundu, however, cherishes his time at university saying training has given him confidence to stand tall and feel at par with his colleagues in the industry. Muthoni King’ori teaches Mass Communication at St Paul’s University, Limuru. muthosh4@yahoo.ca

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Pitfalls of blogging from the newsroom

With data from the Communications Authority of Kenya putting the number of Kenyans online at 21 million, there is no denying social media is a massive enterprise. SHITEMI KHAMADI looks at the practicality of a journalist adhering to ethics while running a blog. It is an interesting time to be a journalist. Because of the space and airtime the media house offers you, you have a huge following on social media. Your association with the media house gives credibility to what you say using your personal account. That following can be tempting. If you were to start a blog, you would be sure your content would be widely read. That is a pedestal those who start as bloggers do not have.

For journalists, they have to strive to give different sides to a story in addition to providing insights on research and publications on the topic. A blogger has no such expectation. Your appeal to advertisers who look for traffic can come knocking fast. But it is not that basic as evidenced in the few journalists who blog or have blogging platforms. In newsrooms, the principle is that

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you do not ply your trade to a competitor, but here is a different platform, and as it grows, with recent job losses in the media, it should not surprise many that some journalists would venture into blogging. A conversation about journalists and bloggers has to begin with identifying the difference. One can trace three reasons. One is the gate keeping that journalists enjoy, which assists to make their copy largely balanced. This process also helps reduce legal problems like defamation. Second is the protection journalists enjoy from

their employer, unions and the Media Council of Kenya. Lastly is the story expectation that the profession demands. For journalists, they have to strive to give different sides to a story in addition to providing insights on research and publications on the topic. A blogger has no such expectation. What unites them is that they are both contributing to journalism. Increasingly, bloggers have become a source for news in Kenya. One case in point is the Naivasha weigh bridge saga where a blogger was first to share it but as it went viral on social media, mainstream media picked it. The media went further to provide a platform for the accused to respond and also followed the legal process as it unfolded.

Increasingly, bloggers have become a source for news in Kenya. One case in point is the Naivasha weigh bridge saga where a blogger was first to share it but as it went viral on social media, mainstream media picked it

However for bloggers, their involvement ended with comments on their personal handles. It is debatable whether the video, should it have been given to a journalist or editor, would have been aired. The editor would have insisted on getting a response from the accused first before airing it. This brings in the element of time that bloggers enjoy which journalists do not. As stated earlier, what a journalist posts online can be construed to be a perception or position of their media house. As such, they must rethink what they want to share. But so long as they do not bring the character of the media house to disrepute, many journalists freely share their opinions

on their personal handles. In some cases, their newsroom social media policies guide them.

When journalists decide to become bloggers, they have to heavily weigh on their ethics and professionalism. A blogging platform is hardly purely altruistic, someone is likely targeting to make revenues from it. If they are employed, it becomes a side hustle, if they are not, they can work towards making money from their blogs. This is where they need to carefully pick their struggles. Many blogging platforms in Kenya are niche blogs. The bloggers are known for their competence in specific areas. This expertise allows them to command some authority on the subject. A journalist could decide to follow this path or run a general news site, just like how an online platform of his media house operates. Whatever the intention of starting a blog, some professional expectations are likely to suffer, for instance when a journalist takes sides on an issue. This compromises the ethical code of conduct.

the recording and consents to it. Some leeway could be granted with the authority of the editor, in exceptional, public interest investigative stories. But if the same journalist is a blogger, they will record the source anyhow they want and publish the story, throwing away ethics. How about advertisers? They can target both your blog and want to link it to your media house. An advertiser will want to give an advert for your blog, in return, they will expect that you do not publish anything viewed as negative about them in your media platforms. Certainly the same advertisers also provide adverts to your media house. In some cases, the journalist can decide to exist anonymously online. This will mean that they will try to live double lives. Fortunately, the name, fame and impact that come with a story and sometimes an award means that most have not explored being anonymous. Once a journalist runs a blog, gate keeping suffers. Here, they will want to break news, sometimes messing up, writing single sourced pieces, promoting a brand without qualifying it and sometimes, failing to verify information before publishing. As blogging continues to grow in Kenya, the interest from journalists to run blogging platforms rises. Media is a trusted institution and with the rich sources of information that journalists have, they can run solid enterprises as blogs.

The other dilemma a journalist who becomes a blogger may face in censorship. If the story they have submitted is killed by the editors for some reason, their next platform is the blog. What will this do to their brand as a journalist and a media house? When it is unbalanced, the credibility of the journalist is eroded.

But the lure of breaking news or sharing unprinted content grows because advertisers look for traffic and growing that traffic is what the journalist is likely to focus on at the expense of ethics.

Sourcing of stories is core to journalists. When a journalist is recording a source, ethics demands that the source is informed of

shitemi@wanahabari.org

Shitemi Khamadi is both a journalist and a blogger

July - September 2015

Journalists at work

Is objectivity shifting to a false promise?

It takes hard work to be objective and as CATHERINE GICHERU argues, journalists cannot get away with merely reporting two sides of an argument then leaving it to the public to decide what the truth is. Ask journalists what objectivity and professionalism are and invariably, most will trot out the standard definition in the Media Council of Kenyaâ&#x20AC;&#x2122;s Code of Ethics for the Practise of Journalism, which demands that journalists observe impartiality, fairness and accuracy. Objectivity is where journalists do not force their personal opinions, biases, prejudices and feelings about a subject or event on their audiences. They are also expected to use neutral language (avoid using adjectives or descriptions that characterise people, or institutions in a good or bad way). Impartiality is not taking sides on an issue and presenting all sides of an argument fairly to create balance. Objectivity and fairness also apply to how a reporter conducts himself in publicâ&#x20AC;&#x201D; a reporter must not only be objective and fair but should also

convey an image of being objective and fair. The only exception to this rule are political commentators, art critics, theatre reviewers or other writers whose opinions about an issue, event or occasion are what people want to know about. While extremely important, reporters should, however, not let fairness and objectivity stop them from finding the truth.

Objectivity is where journalists do not force their personal opinions, biases, prejudices and feelings about a subject or event on their audiences.

In trying to be objective and impartial, journalists are faced with the conflict of remaining neutral yet at the same time, being able to be investigativeâ&#x20AC;Ś.wanting to have impact and at the same time trying to remain disengaged from

July - September 2015

what they are reporting about and attempting to give their stories an edge without being seen to be unfair. This is a continuous struggle that journalists have to contend with every time they are faced with a situation, event or issue they are reporting about. Unfortunately, in some instances, some journalists have been unable to keep within these general restraints. They take sides and show obvious bias thereby failing to make their audiences understand what is true, when it is knowable, and failing to get as close to the truth as they can when it is not so obvious. But sometimes in our pursuit of objectivity, we fail on the way to the truth. We allow lazy reporting to take hold believing that a story is complete once you get comments from people on both sides. This usually results in a he-said-she-said reporting which does not make any attempt to address issues.

Examples abound with the most recent being the manner in which the media reported the Uganda sugar deal. It was a ping-pong affair, with the media giving wide play to utterances by pro-or-anti proponents without attempting to go into details of the ‘deal’. Journalists seemed to lose sight of the other ‘deals’ signed raising the question: Was the whole brouhaha over sugar a deliberate attempt to divert attention from the more lucrative dairy-meat deals?

how journalists strive for objectivity and professionalism.

It takes hard work to be objective and journalists cannot merely get away with reporting two sides of an argument and then leave it to the readers to decide what is true. Good opinion/editorial writers also have to dig deeper and come up with as many facts as possible when opining about an issue even though their articles are not expected to be ‘objective’.

With journalists expected to file more stories to meet demands of various news platforms, they have less time to dig deeper into issues and are easily tempted to take the easy way out— reproducing press releases and statements by public relations firms and passing this off as news. The advent of the mobile phone has meant that journalists are no longer the ones breaking the news. They are also no longer the only ones who can report the news as the rise of citizen reporters has shown. But journalists still have to apply their skills and training to authenticate and verify information being put out there.

And in trying to be objective and thereby creating ‘balance’, journalists have been known to rely heavily on official sources — easiest way to get both sides of the story. This ends up with too much “official” truth. Many journalists are wary of questioning authority be it the president, the governor or the business leader because they fear losing out or being denied access to these sources. But there are instances where media houses’ corporate and economic interests hold sway, interfering with a journalist’s objectivity. This is common when journalists become inquisitive about major corporates, ministries or even politicians. It is not uncommon for stories that touch on huge corporate advertisers and even big political personalities to be ‘killed’ outright, down-played or spun in order not to antagonise the advertiser or the politician. The most frustrating is when media houses retract or even apologise for stories which are factual just because an individual or a corporate is unhappy. The fact that some of the media outlets are owned by politicians also has an impact on

Many journalists are wary of questioning authority be it the president, the governor or the business leader because they fear losing out or being denied access to these sources.

Social media, which New York Times public Editor, Margaret Sullivan has described as “a double-edged sword”, also presents journalists with new challenges. Should a journalist’s online persona be determined by his professional one? Just where should a journalist draw a boundary between his/her personal and professional life? Since much of what people post as their online status is between fact and fiction, should we hold journalists to a higher level of ‘truthfulness’ than others? The anonymity of the Internet has seen some journalists post statements which are partisan, not realising they risk undermining their own professional credibility. Several media organisations have provided social media guidelines which outline the code of behaviour focusing on journalists avoiding transmitting falsehoods, fear-

mongering or posting anything that might harm the media house’s reputation. Even as journalists attempt to be objective and balanced, they are biased. They are mostly biased towards conflict and controversy as such stories are more interesting; we prefer event-driven coverage because it is easier than in-depth analysis and investigations; we are biased to getting the story irrespective of the consequences as long as we can grab the attention of the public and hold those in power to account. Journalists are human and cannot, therefore, ignore their prejudices. They are also the products of their education, personal and political histories, experiences and even ethnicity. The difference is that a professional journalist is expected to challenge his/her biases by gathering facts that will either support or knock them down and getting the best truth possible from the evidence gathered. Any journalist who attempts to only get comments from those who support his/her bias is being unprofessional. As a journalist, I found one of the benefits of seeking out the other side of a story was that l was sometimes compelled to change the original focus of the story as new facts came to light. To achieve objectivity and professionalism, journalists must develop expertise to analyse competing claims. They must understand what is happening, explain it and decide what the public needs to know to make decisions. That is where computer assisted reporting and data journalism skills are important as journalists can easily and quickly adjudicate between what is factual and false. But it takes hard work to filter out fact from rumour, assertion and counter-assertion and in the process, arrive at what is truth. Catherine Gicheru is a veteran journalist and Editor. cgicheru@gmail.com

July - September 2015

Editorial cartoons and the ethical fault lines

Some cartoonists go against the journalistic ethical and professional code of conduct, especially when they are devoid of responsibility, writes AMOS KIBET

fathomless.

Images travel at the speed of light, words travel at the speed of sound. The power of images is ageless, limitless and even

Cartoons and caricatures often evoke more powerful emotions than prose. Caricatures are excellent satirical cannons that can destroy the fortresses of ignorance, impunity, political lethargy and social ills only if they are responsibly and professionally used by the media. This springs from the fact that an editorial cartoonist is free to say what he thinks in a very pointed way, but this freedom has to be balanced

against other ethical values.

In Kenya, editorial cartoons are an everyday facet of local newspapers, so much so that their place on the op-ed pages is a guaranteed formality. In Kenya, editorial cartoons are an everyday facet of local newspapers, so much so that their place on the op-ed pages is a guaranteed formality. All newspapers adopt a similar page layout with the editorial cartoons prominently displayed in the op-ed pages near the beginning of the paper. The fact that they are situated at the heart of the paperâ&#x20AC;&#x2122;s opinion and editorial page qualify editorial cartoons as the virtual

mouthpiece of the paper providing editorial direction. In his 2013 book The Art of Controversy, Victor Navasky argues political cartoons are a uniquely potent art form because images impact the human mind more quickly than almost any other form of communication. Editorial cartoons provide a quick summation of occurrences in our society. Unlike conventional news stories, editorial cartoons are heavily opinionated, and project an overt position and stand on certain issues in society. The fact that they contain an editorial projection and representation of issues in the society gives them power and

July - September 2015

immense influence in the minds of many. Messages that cannot be conveyed in words for sensitivity, political correctness or prejudice are

Cartoons are creative and deliberate tools that can promote skeptical thinking about media messages.

effectively communicated through cartoons. In a nutshell, cartoons have become the sugar coating for the bitter but necessary message. Cartoons are creative and deliberate tools that can promote skeptical thinking about media messages. In their exaggerated form they can send a message that is obviously constructed by the creative professional.

Issues related to religion have been conspicuously missing from editorial cartoons in Kenyan newspapers More conventional photos and articles are also constructed but are more likely to be taken as fact. As a result, cartoons can be very controversial. Some cartoons can even be seen to be against the ethical and professional codes of conduct especially when they are done devoid of responsibility. In the world of humour and political cartoons, it has always been assumed that there is no subject inappropriate, no scandal too outrageous and no feature too sensitive. That is why, ethical boundaries for political cartoons and caricatures are very much different than the other journalistic genres due to their unique nature of satire and wittiness. The cartoon controversy of blasphemy and religious sacrilege always raises a serious debate on hate speech and freedom of expression that politicises the emotions and polarises the world.

The giving and taking of offense and inciting the hate and violence through political humor and cartooning emphasise to define and re-define freedom, limitations, ethics and fundamental values and principles for political humor as a journalistic genre On September 30, 2005, the Danish newspaper Jyllands-Posten published 12 editorial cartoons by various artists that depicted the Islamic Prophet Muhammad as a terrorist.

Kenyan cartoonists enjoy a greater space to lampoon and demonstrate our failing systems, inept leadership and have the liberty to unleash their satirical sting on the deteriorating conditions in our society.

The paper said it was part of a debate on self-censorship as it relates to Islam. Jyllands- Posten’s decision to publish the cartoons and the reprinting of them in dozens of other newspapers led to violent protests across the Muslim world and at least 50 deaths. Protesters set ablaze Danish embassies and flags. Death threats were made against the cartoonists and their editor. Hundreds of Danish websites were hacked. Supporters of the paper started a “Buy Danish” campaign in a show of solidarity. The backlash that has resulted from various cartoons brings out the fundamental flaws in ethical and professional judgments in the newsroom. The attack on the staff of Charlie Hebdo by terrorists shouting Islamic slogans shocked the world earlier this year. Charlie Hebdo had been threatened and their offices firebombed in the past over its cartoons and perceived insults to Islam. Unlike other satirical magazines in democratic countries which focus

July - September 2015

mostly on political issues, the Charlie Hebdo targeted politicians, but also religious leaders, actors, and indeed any well-known public figure. The cartoons often went well beyond what other newspapers and magazines would do in their coverage and editorial opinions. The challenge is when journalists from one religious group publish cartoons portraying other religious groups based on their beliefs, doctrines and practices. Many religions and ethnic groups in this world have their own totems and spiritual taboos. Two African newspapers apologised for publishing Charlie Hebdo’s cover depicting the Prophet Muhammad, after an outcry from Muslim readers. Kenya’s The Star and South Africa’s The Citizen bowed to pressure from the Muslim readers and apologised. In Kenya, the greatest threat to cartoonists is largely based on selfcensorship as compared to physical external attacks as witnessed in other countries. Issues related to religion have been conspicuously missing from editorial cartoons in Kenyan newspapers. Kenyan cartoonists enjoy a greater space to lampoon and demonstrate our failing systems, inept leadership and have the liberty to unleash their satirical sting on the deteriorating conditions in our society. The major constrain to this freedom is two-fold; the editorial policies and decisions coupled with the invisible strings of self-censorship that stifle constructive opinions. While the general feeling of the populace may be that cartoons are satirical in nature and do not deserve a lot of attention, the fact that they project certain unpalatable realities in an overt way makes them thoroughly immune from legal tussles. The truth is that if some messages passed by some cartoons were to be translated into texts and published, they would result in libels suits in an unprecedented fashion. From the grotesque representation of public

figures, the covert comic and satire to the figurative clarion calls, Kenyan cartoons have shaped audience thinking, influenced perceptions and generated debates. Indeed it is true that Kenyan cartoonists have succeeded in making social and political commentaries that simplifies the subtle and often complex underlying issues of a news story. Like in other countries, the emergence of editorial cartoons in Kenya has been influenced by a need to have an alternative platform to voice unpopular political opinion

Ethics demand that media should not only be concerned with the words they use to cover certain stories but also the images.

in the face of government or regime crackdown on dissent. Various laws and legislation have been formulated to enforce the professional responsibility of cartoonist globally. In the US, the First Amendment protects the cartoonist and his newspaper and provides absolute protection for opinion. Since the editorial cartoon is always placed on the opinion and editorial page of the newspaper, and usually the opinions section of magazines, it would be difficult to label the cartoon as anything but opinion. If the plaintiff does manage to prove that the cartoonist was airing “false statements of fact rather than Just opinion, then the plaintiff must go on to prove actual malice. In other words he must prove that the cartoonist and his newspaper lied

on purpose. This, of course, would be extremely difficult to prove and has not been proven in any case involving America editorial cartoonist. In Albania, the code of conduct for journalists states that the media shall not publish any image, audio, or visual arrangements that distort

Legally, a cartoonist can more or less be as offensive as he pleases, but morally he has an obligation to stop short of unjustly violating another’s rights, no matter what the cause propelling him.

the ideas or facts of the source, with the exception of caricatures, cartoons or comic plots. Ethics demand that media should not only be concerned with the words they use to cover certain stories but also the images. Since images can be understood in a multitude of contexts, they often have a more varied impact on media consumers than does a story’s text. Cartoonists are very powerful; they can manipulate the system unfairly. They can lie. They can titillate and seduce. They can instigate and intimidate. More than any other type of journalist, the editorial cartoonist is free to say what he thinks in a very pointed way, but this freedom has to be balanced against other values. Legally, a cartoonist can more or less be as offensive as he pleases, but morally he has an obligation to stop short of unjustly violating another’s rights, no matter what the cause propelling him.

than they are to comment on what a public figure is thinking or doing. All the same, if you ask a cartoonist what goes into a “good” cartoon, they rarely mention morality or a responsibility to the public. Political cartoons are successful in helping society to understand and make judgments about the extremely complex interactions at work in political systems. US cartoonist Herb Block argues that cartooning is an irreverent form of expression and if the prime role of a free press is to serve as critic of government, cartooning is often the cutting edge of that criticism Opposition to the publication of various cartoons has been evident in many parts of the world. Some argued that freedom of expression did not mean to insult others; some claimed that freedom of expression should be practiced responsibly. And some of them concentrated on the limits of freedom of expression. Despite freedom of speech that media should enjoy in liberal democracies, media in such environment should abstain from publishing hate speech or spectacles that offend, provoke or intimidate, or anything that desecrates religious symbols or angers people along religious or ethnic lines. The fact that cartoonists utilise conventional media platforms makes them subject to the conditions and regulations of the Code of Conduct. Amos Kibet is the Research & Media Monitoring Officer at the Media Council of Kenya. Kibet.amos@mediacouncil.or.ke

Cartoonists are freer to preach about hotly debated issues that are likely to raise the ire of a lot of people

July - September 2015

At the altar of â&#x20AC;&#x2DC;envelopmentalâ&#x20AC;&#x2122; journalism

In the hands of corrupt journalists, truth, accuracy, fairness, balance and objectivity are the biggest casualties as CYRUS KINYUNGU explains. Opinion polls show the media is one of the most trusted institutions. Indeed, citizens report many issues affecting them to the media, often ignoring institutions funded by the tax payer, like the police, for lack of confidence in them.

In the hands of corrupt journalists, truth, accuracy, fairness, balance and objectivity are the biggest casualties It is for this reason that media houses splash stories on corruption in government yet no state investigative agency appears to know of these scandals before hand.

July - September 2015

But even as the media throws stones at the society over graft, the irony of it all is that journalists and editors live in glass houses. When I joined the media as a correspondent, I was under no illusion. I knew journalism was a glamorous job but not well paying. However, with time I confirmed it was one of the most fulfilling careers.

It became even more fulfilling as I did stories that helped transform society. I also realised how tempting it is for journalists to be influenced by gifts from newsmakers.

The irony is that while the corrupt in the society are named and shamed by the media, the Fourth Estate tends to shield its own Considering there are bills to be paid yet correspondents have no guaranteed pay cheque at the end of the month, the temptation to receive inducements becomes real. Sometimes, this corruption is out of greed. Many stories are killed this way by journalists who are the first gate keepers in the publishing process. This kind of corruption to influence the media is known as ‘brown envelope journalism’. In the hands of corrupt journalists, truth, accuracy, fairness, balance and objectivity are the biggest casualties. In a paper titled ‘Brown envelope syndrome and the future of journalism in Nigeria’, published on International Interdisciplinary Journal of Scientific Research, Eke Ikechuku Williams notes that today, the brown envelope syndrome constitutes a powerful tool for making journalists indulge in unethical practices of journalism. “Pressure, which has been known to be one of the ways of getting a journalist to err in his ethical obligations, translates to monetary

inducement, which is bribery, and of course, a major tool of the brown envelope syndrome,” he notes. This is not only true to Nigeria but also to the Kenyan media landscape. “Monetary gifts and other inducements to a journalist came to be referred to as brown envelope because the bribe givers understood that what they were doing was wrong, and in order to shield it from the public glare, inserted the objects of inducement in brown envelopes, which were quite opaque, so that the unsuspecting onlooker might never know the contents,” William explains. Like any society, the media in Kenya

besides cutting ties with corrupt journalists, media should perhaps expose them to show commitment in fight against the vice.

too have their rotten apples who give them a bad name. The irony is that while the corrupt in the society are named and shamed by the media, the Fourth Estate tends to shield its own. Working in remote outposts as a correspondent where the only newsmakers are politicians who rarely visit, journalists find themselves at the politicians’ mercy. These correspondents stay for years without retainers from their media houses and, therefore, hand-outs remain what they depend on. They cannot rely on published stories

since most are often treated as fillers and briefs that earn them as little as KSh100. This then makes it inevitable that corrupt journalists will accept handouts and even other favours from politicians. In some cases, the correspondents develop such a strong bond with the politicians that they are the only journalists who can extract quotes from them. In such instances, news editors have had to call them whenever they need quotes from these politicians. While working in the bureau, I remember this photojournalist who would pretend to do his work diligently during events. But when the guests were settled, he would pick his notebook, place a biro pen inside and go to the guests on the high table handing over the notebook. I always imagined that he wanted them to write their names for the purpose of captioning. However, every time a politician would pick the notebook, he would go back to his pocket and surreptitiously place something inside before handing back the notebook. It is then that I realised the journalist had devised a way of collecting bribes. For those who did not cooperate, their photos were never considered for publication. One day, the same journalist went for an event organised by an NGO and asked for facilitation. Unknown to his colleagues, he said he was taking money for the whole team which included a driver, a reporter and a TV cameraman. He also said

July - September 2015

his boss would need something to appease him for the story to get published. The gullible NGO official fell for this. However, he listed the names of the people to benefit and asked him to sign for it. About two weeks later, the story was yet to be published and the official got agitated. He called the bureau chief demanding an explanation. The bureau chief had to personally go to the NGO’s office to investigate. He found his name in a list with the amount he allegedly received to publish the story. The photojournalist was fired. Ironically, before a week was over, his photographs started appearing in the rival newspaper. No due diligence was done before he was hired. Todate he remains with this publication and I am reliably informed he has not reformed.

Nation’s Public Editor Peter Mwaura’s column on the Daily Nation of August 21, 2015 titled ‘Beware journalists who solicit from you ‘facilitation’ in the course of their work’, also exposes the rot in the media. In the column, Mwaura tells of a corrupt journalist who was sacked after his wayward ways were discovered. The journalist had written an interesting story about a woman who was making lots of money farming on her half acre plot. The story attracted attention from the public who wanted to go and learn from her. However, the journalist, even after being sacked, started ripping from readers who wanted to visit the farm to learn from the woman. Following complaints from the public who had been swindled by the journalist, Mwaura quotes

Ochieng Rapuro, the Business Daily Managing Editor answering one of the complainants thus: “I agree with your position that NMG needs to know who works for it out there. That is exactly what we did and threw this guy out of our stable for ethical reasons. I wonder what more we could do other than cutting ties with him.” These stories are a clear demonstration that corruption is a vice that pervades the entire Kenyan society including the media. But besides cutting ties with corrupt journalists, media should perhaps expose them to show commitment in fight against the vice. Cyrus Kinyungu is a veteran journalist, editor and a media consultant. ckinyungu@gmail.com

What others say about envelope journalism

Nigerian journalists use the name “kola” to refer to cash handouts from news sources...In Cameroon they use the label “gombo” while in Ghana the term “soli”, a shortened form of the word solidarity, is used. In Anglophone West Africa, the probable cradle of brown envelope journalism, the more common term for the practice was “Item 13”, a reference to refreshments, freebies, or “cash refunds” at the end of an official event, understood to be the last item on the agenda. In Kenya, the terms chai, bahasha, or kitu are preferred.

Dr. Duncan Omanga in a Daily Nation article published on 28th May 2015

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July - September 2015

NEWS

Inside the Council

Stakeholders meet to appraise digital migration By Kevin Mabonga

and lessons.

Media stakeholders convened on September 2, 2015 to review the digital migration process, with special focus on the challenges

The Media Council of Kenya and the Kenya Media Programme hosted the one-day Dialogue Forum on Digital Migration at a Nairobi hotel. Participants included representatives from Communications Authority of Kenya, Media Owners Association, content producers and distributors, Association of Digital

Broadcasters, editors, journalists and representatives from the academia. The session examine the Kenyan experience in the big switch, with participants interrogating current laws and policies on broadcast content and comparing the local experience with other countries. In his opening remarks, Mr Victor Bwire, the Councilâ&#x20AC;&#x2122;s Deputy CEO & Programmes Manager said digital migration was a crucial process that required maximum attention of all relevant stakeholders. He said digital migration had enhanced media pluralism in an

July - September 2015

environment where previously a few players dominated. Mr Bwire lauded new players in the industry, urging them to look for ways to attract advertisers for sustainability. He thanked the Kenya Media Programme for facilitating the forum. Antony Wafula, the Kenya Media Programme Senior Project Manager challenged members to be proactive in the digital era debate. He asked participants to compare the Kenyan experience with other countries and suggest ways of improving the experience. â&#x20AC;&#x153;This will help the industry make the right decisions at the appropriate time,â&#x20AC;? he noted.

The event, the Council launched a media monitoring report Digital Combat: An assessment of media coverage of the Digital Migration process and debate in Kenya. Amos Kibet, the Media Monitoring Supervisor at the Council, made a presentation on the findings of how the media covered digital migration. The findings indicated that the media was neither fair nor objective in the coverage. Participants said the media should be professional in covering issues of national importance, their interests notwithstanding. Christopher Wambua from the Communications Authority of Kenya spoke on the status of digital migration. He discussed the advantages of the digital broadcasting which included non-broadcast services such as mobile broadband, environmental conservation less emissions, increased quality picture and sound, increased business opportunities, ease of set up and employment for the youth, content development and multiplicity of channels. Wambua added that the authority was developing guidelines on broadcasting which will also form

part of the broadcasting licence issued to broadcasters. The regulations touch on protection of minors, public interest, rights of privacy of all persons, as well development and broadcasting of local programmes, promotion of diversity and plurality

Association of Digital Broadcasters (Family TV, Elimu TV, Mother and Child TV, Njata TV said migration had not been an easy ride, noting that getting advertisers was one major challenge.

Even in the digital era, content remains the king,

John Karanja of Riverwood Association took participants through the challenges content producers face. He advised media owners to study audience needs before deciding making decisions touching on content.

Dr Hanningtone Gaya, chairman Media Owners Association chairman, welcomed the new players in the association, saying that they too had a critical role to play.

“Despite the numerous challenges, we are working hard to ensure we succeed.” said Mr Edwin Gitau from Njata TV.

“Even in the digital era, content remains the king,” Mr Karanja said.

Gaya outlined the role that media plays in society and called on journalists to be professional all the time. He added that media did not cover the digital migration objectively, adding that principles of accuracy, factual, objectivity and fairness should always be observed.

While closing the event, Grace Munjuri, a Council member at the Media Council, urged players in the sector to work together.

He encouraged media houses to embrace self-regulation and to work closely with the Council towards professionalism.

Email: kmabonga@mediacouncil. or.ke

Representatives

from

Kevin Mabonga is the Assistant Communication &Information Officer at the Council

the

July - September 2015

NEWS

Inside the Council OUR CORE VALUES

Media Council sets sight on skills development By Kevin Mabonga

The Media Council of Kenya (MCK) is determined to enhance professionalism by pursuing reforms and ensuring media training responds to industry needs. Training gaps are among the challenges facing the Kenyan media

today as society needs change and the audience becomes more dynamic. A report dubbed The Media We Want: The Kenya Media Vulnarabilities Study 2010 by Wilson Ugangu and Peter Oriare, for instance, recommends strengthening journalism by way of linking training and job market requirements.

July - September 2015

The industry has experienced setbacks ranging from proliferation of dubious middle level colleges, unqualified instructors and the widening disconnect between what is taught in class and the industry actually needs. The Council has been undertaking a number of trainings based on the code of conduct for the practice of journalism. The trainings, conducted

across counties, focus on areas such as politics, elections, governance, safety and security. Other training areas include

business, extractives, trauma counseling, science and health and investigative reporting. Training curriculum Towards this end, the Council has developed a national standardised curriculum for Diploma in Journalism that will be used in all institutions offering journalism and media studies. The curriculum, which has been undergoing validation since 2014, was ratified on June 25, 2015 by the Kenya Institute of Curriculum Development (KICD). The curriculum for print, broadcast and online journalism comes complete with training manuals and teaching references, laying emphasis on practical and on-the-job training skills development. This comes as a big relief for stakeholders going by the complaints about the quality of journalism training in Kenya. At the same time, the Council carries out continuous media monitoring of television, radio and print outlets in Kenya aimed at correcting professional breaches. The data collected through theÂ Newbase (print and online) and Volicon (Broadcast) systems are synthesised, published and presented to different stakeholders and groups. Frequent meetings are also held with media practitioners including owners, editors, content developers and journalists to discuss content in

terms of quality, presentation and representation of issues. The Council has produced and shared a number of reports including media coverage of the digital migration, coverage of the extractives, coverage of the Westgate Mall attack and the coverage of the radicalisation debate. The reports also help media houses identify training needs of their staff. All the media monitoring reports are on the Councilâ&#x20AC;&#x2122;s website under the link http://www.mediaCouncil. or.ke/en/mck/index.php/ publications/media-monitoringreports. The Council quarterly publishes the Media Observer magazine, which

MCK CEO Haron Mwangi was in August 2015 appointed by the Director General of Unesco as a member of the jury of the Unesco/ Guillermo Cano World Press Freedom Prize(2016 -2018).

highlights pressing issues in the industry. To work effectively, MCK recognises that journalists need a secure environment. They also need skills for their safety and security while on duty.

Under the Enhancing and Up-scaling Media Safety and Journalistic Professionalism in Kenya project, the Council with support from International Media Support, trained journalists on safety and security as well as trauma counselling following the Westgate Mall terrorist attacks, Lamu and Tana River ethnic clashes among other safety areas. The Council also runs a modest safety fund for journalists in distress, counselling of traumatised journalists as well as developing of a safety strategy for journalists among other initiatives. The safety protocol was launched on August 18, 2014. The project was premised on the need to stem harassment and threats against journalists. Meanwhile, the Council has been partnering with Unesco in carrying out activities that promote press freedom. MCK CEO Haron Mwangi was in August 2015 appointed by the Director General of Unesco as a member of the jury of the Unesco/Guillermo Cano World Press Freedom Prize(2016 -2018). Kevin Mabonga is the Assistant Communication &Information Officer at the Council Email: kmabonga@mediacouncil. or.ke

While addressing media stakeholders during the World Press Day celebrations on May 4 2015, Media Council CEO Haron Mwangi identified safety and security of journalists as a major concern. He asked the government to ensure journalists work in a safe environment. The Council has been hosting trainings for reporters on security. On June 6, 2015, the Council held a meeting between crime reporters and representatives of the security organs.

July - September 2015

MCK partners with Eastern Africa Standby Force By James Ratemo and Kevin Mabonga

The Media Council of Kenya works with a number of partners in implementing its various programmes. Security is one of the key areas in any society and media is central in advocating for peaceful existence thanks to its power to influence. The Council works closely with security agencies to ensure that journalists are trained and equipped with skills on conflict sensitive reporting. On Monday, 14 June, 2015 the Council partnered with Eastern Africa Standby Force (EASF) to promote conflict sensitive reporting in the region. Security experts said media is key in resolving conflicts thus should be involved in all security operations. EASF Director, Amb. ChanfiIssimail, said the peace troops formed by Kenya and 9 other countries have been trained and are now fully equipped for deployment. The Standby Force is headquartered in Addis Ababa Ethiopia with a secretariat located in Nairobi. Speaking to journalists, Amb.Chanfi said the forces have “requisite equipment and are ready for deployment at short notice as

may be required by the relevant authorising organs.” He said the troops are on standby to venture into Burundi to stop the ongoing political turmoil if called upon as per the EASF guidelines and requisite approval. “We are on standby to venture into Burundi or any other country if we receive request… we are fully operationalized and ready,” said Amb. Chanfi. He said for the force to be deployed, approval must come from the African Union, which offers financial support and policy guideline for EASF. Victor Bwire, MCK Deputy CEO and Programs Manager called on journalists to be responsible when reporting conflicts. “The Council runs a Safety and Security program where journalists are trained on conflict sensitive reporting and brings security operatives to dialogue with journalists” said Mr. Bwire. Bwire outlined need for journalists and security personnel to work together in disseminating correct and conflict sensitive information to the public.

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“MCK will be working closely with EASF to engage the media on how to cover conflicts in the East African region,” said Bwire. John Gachie, a media trainer on safety and security said information management is key in dealing with war and conflict situations. He urged media to be responsible while covering security issues and aim to restore peace and not fan violence. He said Journalists must always identify interests and capture all angles in a conflict. Martin Masai, an editor at Mbaitu FM pointed out need for security operatives to partner with the media in conflict situations. “In most cases security operatives see media as an intruder in conflict situations and not as a partner,” said Masai. He called on media and security operatives to partner in resolving conflicts. The EASF draws its membership from 10 member states from the Eastern Africa Region including Kenya, Uganda, Somalia, Sudan, Ethiopia, Seychelles, Rwanda, Burundi, Comoros and Djibouti.

You can now pay for Media Council of Kenya Accreditation through M-Pesa

Accreditation fees

Local Journalist: Ksh 2,000 Foreign Journalist: Ksh 10,000 Foreign Journalist (Short Term - 3 Months): Ksh 5,000 Student: Ksh 300 Card Replacement Fee: Ksh 300

Card Replacement:

Lost press cards will only be replaced upon production of a police abstract and letter from the employer stating the loss.

IMPORTANT TO NOTE

Certificates and portfolio should be provided by ALL journalists accrediting for the first time with the Media Council of Kenya. First year students are not eligible for accreditation. Training institutions are advised to issue them with introduction letters when carrying out field based assignments. In case of any queries, contact us at: accreditation@ mediaCouncil.or.ke

Promoting press freedom & responsible journalism