The impact of kenyas legal and institutional frameworks. Interviews were conducted with media practitioners from different parts of the country whose journalistic right to freedom of expression has been violated. Why kenya needs the access to information act sooner rather than later powers and privileges act among others. The basic function of the publications, such as the taveta chronicle, leader, and uganda mail was to disseminate british news and create a sense of legitimacy for the english missionaries.
Second, press freedom is an important human right the qualification of which should be restricted to the barest essentials. We therefore envisage a smooth passage of the bill long before elections. Link, article 19 of the universal declaration on human rights ext. Refworld is the leading source of information necessary for taking quality decisions on refugee status. Your tax deductible gift can help stop human rights violations and save lives around. Press freedom and medias role in conflict and peacebuilding case of the post2007 election crisis in kenya by ouma lydia radoli soa 3902 a dissertation submitted in partial fulfilment for the degree.
Access to information is provided under article 35 and states as follows1 every citizen has the right of access to. As we begin the new millennium, however, it is africa that still needs to overcome this authoritarian perception of the truth and grant the media freedom. Mar 02, 2018 1 freedom and independence of electronic, print and all other types of media is guaranteed but does not extend to any expression specified in article 33 2. To deal with this repression, media practitioners and bodies like article 19, kenya human rights commission agitated for legislation to protect media. Kenya s media freedom standing has dropped drastically, a global media watchdog has said. The laws establish two bodies, the communication authority and the media council respectively. Kenyan election campaign hits journalists and media freedom rsf. Feb 12, 2018 to deal with this repression, media practitioners and bodies like article 19, kenya human rights commission agitated for legislation to protect media freedom and prevent infringements of press. Link, 20 to regulate media and journalists conduct as per their code of conduct. The representative on freedom of the media, an independent osce institution, has a unique mandate to protect and promote media freedom in all 57 osce participating states. Short title this act may be cited as the media act, 2007. The constitution is the foundation of all the rights in kenya. Media culture and environment a historical perspective 37 8. Freedom of expression roggkenya reporting on good governance.
Pdf this is a brief critique of kenyas recently published white paper on freedom of information foi act. Jan 26, 2015 a 2011 unesco report called freedom of connection freedom of expression. Laws governing media practice in kenya a journalists handbook this publication is a simpli. Political instability around disputed elections in august, which saw mass protests met by excessive use. The basic function of the publications, such as the taveta chronicle, leader, and uganda mail was to disseminate british news and create a. Privately owned media houses have continued to dominate the media landscape in kenya. The media we want the media vulnerabilities study report contents 1. Press freedom and medias role in conflict and peace. The osce monitors media developments in its participating states for violations of free expression. Field data was collated and analysed to establish patterns and conclusions. The osce works for freedom of the media and engages in media development through training and support for editors and journalists. The changing legal and regulatory ecology shaping the internet provides an overview of the legal and regulatory contexts in which countries seek to balance the responsibility to protect freedom of expression with other rights, alongside other goals of the state, such.
Kenyas hardwon media freedom faces a tough road ahead. The shutdown completely violates article 34 of the constitution of kenya of 2010. Indeed all stakeholders are reading from the same script, the government, the media, the civil society, mps and all kenyans of good will. Kenya has two key laws that are in place to realize media freedom, the kenya information and communications act ext. The freedom of information bill, 2012 the freedom of information bill, 2012 arrangement of clauses clause part ipreliminary 1short title and commencement 2interpretation. Kenya clamps down on media freedom media the guardian. Kenyans are due to elect a parliament and president on 8 august.
However, it does not mention freedom of press and other. An act of parliament to provide for the establishment of the media council of kenya. The media council act, 20 and the kenya information and communications amendment act, 20 association of media women in kenya. The impact of kenyas legal and institutional frameworks on. A 2011 unesco report called freedom of connection freedom of expression. Media freedom in kenya was clearly in decline in 2017.
Master in human rights practice school of global studies, university of gothenburg. To think that kenyas president uhuru kenyatta has just been in south africa for the ancs 106th anniversary on january 8 and was given a. Media in kenya includes more than 91 fm stations, more than 64 free to view tv stations and an unconfirmed number of print newspapers and magazines. How kenya is failing to uphold its commitment to a free press kenyas constitution guarantees freedom of the media, but president uhuru kenyattas jubilee coalition has introduced several bills that undermine rather than enforce that principle. Kenya is bound to a series of international and regional legal instruments regarding free expression. This act may be cited as the media council act, 20. In 2010, kenya adopted its most recent constitution which set guidelines to improve and clarify various issues within the kenyan culture, including freedom of expression and media kenya freedom in the world, 2016.
Attacks on journalists continue through physical intimidation and theres also the threat of new laws. Laws governing media practice in kenya association of media. Jul 08, 2017 ten years after appalling election violence was accompanied by serious media freedom violations in kenya in 2007, reporters without borders rsf has been looking at the current election campaigns impact on press freedom. Freedom of the media kenya law reform commission klrc. Mapping structural conditions of journalism in kenya mecodem. Kenya information and communications act arrangement of sections part i preliminary section 1. Kenya s press freedom ranking drops, says report frankline sunday 18th sep 2014 00. Law and the mass media in kenya michigan state university. The media council act, 20 an act of parliament to give effect to article 34 5 of the constitution.
Several scholars and activists have maintained kenya. It is this absolutist approach to the media that forms what has essentially been. The information has been carefully selected and compiled from unhcrs global network of field. Kenyas media freedom standing has dropped drastically, a global media watchdog has said.
The report signals a steady decline in media freedom in kenya over the years, and blames the political situation and security concerns for restrictions on journalists. Link and article 19 of the international convention. As south africa marks media freedom day, its clear that its battle isnt over. The countrys media and civil society sectors are vibrant, even as journalists and human rights defenders remain vulnerable to restrictive laws and intimidation. Pdf the impact of kenyas legal and institutional frameworks on. Pdf defamation, privacy and freedom of press in kenya. The media in kenya is regulated by a statutory body called the media council of kenya. This should be a routine step in a democratic nations life but previous elections have given rise to. Ten years after appalling election violence was accompanied by serious media freedom violations in kenya in 2007, reporters without borders rsf has been looking at the current election campaigns impact on press freedom. Constitution of kenya is the supreme law of kenya and guarantees the right to freedom of expression. Section 5 synthesises the issues that arise and section 6 draws conclusions and makes recommendations for the future.
Article 19 eastern africa ea is presently running a project entitled. The other, as expressed by the muslim opponents of the publication of the cartoons, is that there are limits to freedom of expression, and that one of these is the denigration of religion and through that the. These laws were enacted under the guise of protecting national security, public policyand public interest which are often cited by public officers in refusal to disclose certain information. The media council of kenya is an independent national institution established by the media act, 2007 as the leading institution in the regulation of media and in the conduct and discipline of journalists. Kenyan election campaign hits journalists and media freedom. Mar 23, 2016 all the signs are pointing in the same direction. An act of parliament to provide for the establishment of the kenya freedom of information commission. Social media impact on freedom of expression and privacy. Kenyas press freedom ranking drops, says report frankline sunday 18th sep 2014 00. Vernacular or communitybased languages are commonly used in broadcast media.
The police and other government authorities are reportedly responsible for most of the attacks against journalists. Reporters without borders rsf presents the 2020 world press freedom index. This is really a dark day for media freedom in africa. Such provisions include, article 9 of the african charter on human and peoples rights ext. The difference it points out, often manifests itself in the debate of complete government control of the mass media versus an independent press. Level of media freedom in legal framework constitution, media laws. Kenya has been ranked among countries whose media freedom status is largely unfree in a global democracy index report. Freedominfo access to information in kenya freedom info. Published by the association of media women in kenya laws governing media practice in kenya a journalists handbook this publication is a simpli. The seeds of the press, and media in general, were planted by english missionaries colonizing kenya. Freedom of media roggkenya reporting on good governance. Kenya is therefore bound by the other provisions on freedom of expression found in ratified regional and international statutes.
Publications mainly use english as their primary language of communication, with some media houses employing swahili. This has had a knockon effect on free speech with the said media houses wittingly or unwittingly defending various business interests. Kenya is a multiparty democracy that holds regular elections, but its political rights and civil liberties are seriously undermined by pervasive corruption and brutality by security forces. Freedom of expression kenya law reform commission klrc. Press freedom and medias role in conflict and peacebuilding. In terms of media freedom, the legal environment for media to operate in kenya, is anchored in the constitution under articles 34, 35 and 36. The democracy index 2017 report, which was released on wednesday by the. Freedom of expression throughout kenyan history has been repressed byinlarge, with certain topics being banned outright. An opportunity for aejmc and its members to play a leadership role in defining the terms of the debate over what freedom of the press means, where it applies, and what it. Media freedom refers to whether the policy and legal environment in which the media is operating in a given country is enabling or restrictive. The representatives activities include observing media developments as part of an early warning function and helping participating states abide by their commitments to freedom of expression and free media. Klrc has an additional mandate of preparing new legislation to give effect to the constitution.
According to the media council of kenya, there were 20 violations of press freedom in both 2016 and 2017, and 18 in 2018. Analysis suggests that media and journalism in kenya face highly complex and changing structural. Most media houses in kenya are owned by powerful politicians so journalists have no freedom to report stories that touch on them. Mass mediastate relations in postcolonial kenya by peter wanyande abstract this paper examines the relationship between the state and the mass media in post colonial kenya. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. How kenya is failing to uphold its commitment to a free press.
Proceeding from the premise that this relationship has been characterized by uneasiness and conflict, the paper seeks to identify the major causes of this conflict. The media we want 2 the media vulnerabilities study report published by. His paper looks at the way freedom of expression issues were covered in reports of four early aprm countries ghana, kenya, rwanda and south africa, and he makes recommendations on how the aprm selfassessment questionnaire could be adapted to include media issues. Kenya drops in press freedom index, but remains haven for. Dispatches media freedom under threat in kenya human.
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