TO SIGN OR NOT TO SIGN?

TO SIGN OR NOT TO SIGN?

No! Mr. President don’t ink the dotted line

I received news about the Media Bill 2013 with heartbreak. It did not come as a surprise to me given that the MPs have proved to be public enemy number one. Upon taking their seats in the August House, they moved in to eject journalists from the parliamentary media center.

Kicking journalists out of the media center was just a tip of the iceberg. They then went ahead and passed the draconian bill to gag the media. The media have been on the forefront exposing their displeasure with dirty tactics of the legislators. Since the media lifted the lid off the MPs’ unrealistic salary demands, things have hit the rocks.  The relationship between the media and the MPs is frozen in ice.

When Edmund Burke coined the term Fourth Estate to describe the media he knew that it had public interest role of watching over the Executive, Judiciary and Parliament. But the watchdog role is under siege. The proposed tough penalties will surely kill the vibrancy of the media. The bill proposes a penalty of KSh 1 million against errant journalists as well as 20 million for the media house found guilty of breaching the codes of conduct. Their properties are to be attached in case they default. It also gives the ICT Cabinet Secretary unfettered powers to control the Media Council of Kenya. Put simply, the MPs want the government to control the press.

My take is that journalists are no different from other professionals. The government should not meddle in the affairs of responsible professionals. You cannot fix that ain’t broken. Lawyers, engineers, doctors, teachers and nurses have their own professional bodies which check the discipline of their members. The media too have the Media Council of Kenya which has been doing pretty good job in streamlining the Kenyan media. Any wonder that Kenya is leading the continent in terms of competitiveness and vibrancy of the press?

Whoever wants to stifle the media should realize that journalists are just as human. They are prone to making mistakes. But to give the devil his due, mostly they get it right. Whenever mistakes occur the Kenyan media have offered unreserved and sincere apologies to the injured parties.

I commend the supporters of the mass media in this nail-biting dilemma as we await the outcome of the bill. Thankfully, President Uhuru Kenyatta has hinted he will not assent the bill rather he will refer it back to parliament.

Various commentators have criticized the bill as being out of touch with the letter and spirit of the new constitution especially Articles 34 and 35. It poses danger to denying the freedom of expression and right to access information for all Kenyans. It risks taking away the independence of the media as we know it.

The mass media is a very crucial institution in any democracy. It acts as the watchdog to check the powerful members of the society. It unearths mega scandals and exposes dangerous scams. Do we want the light of the society to be extinguished? Who will take up the space left by the muzzled media? Who will talk on the behalf of the forgotten and the voiceless?

The journey to full democracy has been long and tiring.  We have wound decades and decades chasing transparency, justice and information. Since 1992 we have never looked back. The price for Second Liberation has been ultimate. The ride has been bumpy, the fruits deserved and long overdue. It has been worth it.

The president has given a lease of life to the media. If he keeps his word not to assent to the controversial bill, the media should reciprocate by being more committed, more responsible, fair and balanced.  It should give all sides of the story a right of reply and resist the urge to be within the tentacles of political, commercial and individual interests.

The Kenyan media has been accused of grave embarrassments. It was alleged to have fanned the Post Election Violence especially by live coverage and allegedly taking political sides. These are not simple concerns.

To clear its name, the media ought to show that it is indeed beyond reproach. It should preach unity, peace and tolerance. It should not drive a wedge among the tribes. We have had enough of tribal tensions and hope we learnt our lessons like fools-the hard way. Let us move on with a determination of never again.

The mass media is a major employer and the investments are phenomenal. Thousands of local and foreign staff takes their bread home courtesy of their pens, pads and mics.  I cannot imagine the closure of media houses due to the prohibitive hefty fines imposed should the controversial media bill become law. Emerging county radios and vernacular mouths cannot survive fines of 20 million shillings. The community radios have been on the cutting edge of lifting citizen from poverty and ignorance. Do we want these gains to be reversed?

This bill is a litmus test for the ruling class to show that they indeed support free press.  So far the Jubilee government has shown it can listen to the stakeholders and allow consultations before taking action. However, the Jubilee MPs who form the majority in the bicameral houses should not use their numbers to pass backward laws.

When journalists are in the field their hands are full. They put their lives on the line so that you can view that chilling investigative piece, read that expose, and hear the untold stories. The least the public can do (including the MPs) is to let the journalists be. They have done their work in the past without holding back their energies. They have pursued their call with passion. They are unrivalled. I salute you Mr. President for shrugging your shoulders to the Media Bill 2013. I look forward to another State House- Media Breakfast.

The writer is a 3^rd year student of Bachelors of Arts Degree in Communication and Media at Chuka University. He blogs at musyokangui.blogspot.com