Kenya's
government has gazetted new laws that will regulate the broadcast media,
setting the stage for a battle with Media Owners and journalists.
The government announced that the Kenya Communications (Broadcasting)
regulations 2009 became law from January 1, this year, and TV stations
must now brace for hard times including possible closure.
The chairman of the Kenya Editors' Guild, Macharia Gaitho, described
the regulations as retrogressive and obnoxious. The Ministry of
Information, he said, had employed subterfuge and deceit in publishing
the regulations despite an agreement with media partners last year
mediated by Prime Minister Raila Odinga.
The toughest rules include censorship of content, limiting sex talk
on FM radio stations and adult movies on television to after 10pm,
banning of cross media ownership and setting rules for political
coverage during general elections.
Information and Communication PS Bitange Ndemo said: There is
nowhere in world where there is absolute freedom. We have to curtail
some freedom for the sake of the majority, the PS said.
The new rules also introduced term licences where media owners will
have seven years before reapplying for frequencies unlike in the past
when the period was unlimited. Those with inactive frequencies will have
to surrender them.
Any person who contravenes any provision of these regulations commits
an offence and on conviction shall be liable to a fine not exceeding a
million shillings or to imprisonment for a term not exceeding three
years, or both.
The laws state in part that a licensee shall generally ensure that no
broadcasts by its station contains the use of offensive language,
including profanity and blasphemy, presents sexual matters in an
explicit and offensive manner, or glorifies violence.
The content should not incite or perpetuate hatred or vilify any
person or section of the community on account of race, ethnicity,
nationality, gender, sexual preference, age, disability, religion or
culture.