Government last week announced the coming into force of the Kenya Communications (Broadcasting) Regulations, (effective from 1st January 2010), aimed at dealing with broadcasters who have been airing offensive content on their radio and television channels, among other issues.
The new regulations stipulate that a licensee shall ensure that broadcasts by its station do not contain offensive language, profanity and blasphemy. The law, published and signed by the Minister for Information and Communication, Samuel Poghisio, also prohibits broadcasts that glorify violence or depict violence or vilify any person or section of the community on account of race, ethnicity, nationality, gender, sexual preference, age, disability, religion or culture. The regulations also require that all movies and soap operas must pass the approval rating from Kenya Films Censorship Board. Morning talk shows on FM stations will be affected the most as they have of late gone to unprecedented levels of free speech, which is sometimes unpalatable to some listeners.
As expected, the media industry, represented by the Media Owners Association, has risen up against the new regulations, terming it an attempt to gag the media. Their argument has always been that the media profession ought to regulate itself just like other professional associations, for example, the Law Society of Kenya or the Medical Association of Kenya. They buttress their argument by saying that already they have in place the Media Council of Kenya, which is supposed to handle any complaints against any media station that is accused of airing content that is deemed offensive or is against the interests of individuals or groups of citizens. But honestly, how much has this council done this far as far as regulation of media is concerned? Nothing much unfortunately!
The government on its part says that it came up with the regulations as a result of views gathered from members of the public. With the above background, the question one needs to ask is, is the government justified in its latest actions? As a media practitioner, I find the government’s action extreme but necessary because it will bring some sanity into the media industry that has sunk to very low levels of professionalism. Our media industry has seen some changes in the recent past which do not augur well for the good of the country’s morality.
Listening to many radio stations in the country today, one would not miss to hear something about casual sex and other profanities. In fact as a parent, you are forced to be so careful when putting on the radio or television because you are not sure what you are going to expose yourself and your children to. It would seem like one of the qualifications that you need today to work in a radio station is that you just need to be naughty, rude and full of coarse language. Nothing more!
Late last year, the media was awash with reports of a survey that shows that more young people are engaging in unprotected, premarital sex. This is a worrying trend for a country with an HIV prevalence rate that is going up. The media went ahead to apportion blame to parents and the church. But this is further from the truth. As much as the church and parents are to blame for this state of affairs, the media too needs to look at itself and ask where it has gone wrong.
Reading magazines and newspapers in this country today, it is common to find articles and pictures of so called ‘celebrities’, depicted in very immoral ways. I blame the media because it seems to glorify some of these ‘celebrities’. The media needs to bring to us celebrities who are real role models that the young people can emulate, and who can mentor young people in different areas of life. But many times the media focuses on people who have nothing really to offer to this nation in terms of guidance, hope and inspiration.
The media has invited on itself this kind of action from the government by failing to practice responsible journalism. Just recently on television, I saw a politician talking in a derogatory manner about “a certain group of people who attended a rally in Mombasa”. This was in reference to a particular tribe in Kenya. With the recent ethnic violence that was witnessed in this nation, it is shameful when the media brings on our screens such provocative and insulting political rhetoric, without bothering to put such talk in its proper perspective – that it is provocative, uncalled for and an insult to the sensitivity of Kenyans. It is like opening up wounds that are yet to heal from the post-election violence witnessed two years ago.
It is for such actions that the government is now being forced to step in and bring some sanity to the industry. The media players have failed to regulate their activities and their content and thus the government has to come in to protect the interests of the public. The Media Council and the Media Owners Association have to rise up to the occasion and be seen to be on the side of those who want a Kenya that is truly civilized.
Media players need to appreciate the fact that they cannot be judges in their own cases. They need an impartial, objective body to help them regulate themselves. It is unfortunate that in all this debate, the media has only chose to highlight the parts of the regulations which majority of Kenyans would find unpalatable. But they need to also highlight those parts of the regulations that are meant for the good of the public. This way, they would be seen to be objective and not only working for their own selfish interests, and not the interests of the greater public.
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