[iwar] [fc:new.Kenyan.media.law]

From: Fred Cohen (fc@all.net)
Date: 2002-05-15 06:20:01

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From: Fred Cohen <fc@all.net>
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Date: Wed, 15 May 2002 06:20:01 -0700 (PDT)
Subject: [iwar] [fc:new.Kenyan.media.law]
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Rights watchdogs concerned at new Kenyan media law

By David Mageria

NAIROBI (Reuters) - Press freedom watchdogs slammed a new Kenyan media bill 
Friday, adding to the outcry from media owners and journalists who say the 
law aims to muzzle dissent ahead of elections due this year.

The bill, passed by parliament late Wednesday, raises publishing fees in a 
move that media owners say might drive smaller publications out of business.

"This measure could muzzle the press in a critical election year," Peter 
Takirambudde, the executive director of Human Rights Watch's Africa division, 
said in a statement. "Freedom of expression has never been more important in 
Kenya."

Kenya is due to hold crucial general elections by the end of this year when 
President Daniel arap Moi is constitutionally bound to step down after ruling 
the east African country for more than two decades. A clear successor has yet 
to emerge.

"Systematic attacks of the Kenyan government against its citizens' freedom of 
expression sketch a grim picture of the country, particularly in the light of 
the upcoming general elections," Aidan White, General Secretary of the 
International Federation of Journalists, said in a statement.

The new law, which the government says aims to restrain an irresponsible 
"gutter press," increases an insurance bond that publishers must pay for 
libel damages to one million shillings ($12,760) from 10,000 shillings.

The law introduces a 20,000 shillings fine or six-month prison term for 
vendors who do not establish whether publishers of every publication they 
sell have paid the bond.

PANDORA'S BOX

Kenyan media owners, some of whom are still reeling from heavy libel awards 
in favor of senior politicians, warn that the provision will expose newspaper 
sellers to police harassment and say the bill will discourage investment in 
Kenya's media sector.

"It opens up room to harass vendors," said Evans Kidero, managing director of 
Nation Media Group, which publishes The Daily Nation newspaper. "With the 
crude nature of our police department it is going to open a Pandora's Box of 
corruption."

The government says the law aims to promote responsibility in the media, 
particularly among publications that specialize in lurid tales of the sex 
lives of prominent Kenyans.

"You have papers publishing about people's bedroom manners, calling everybody 
names, destroying reputations and you cannot take them to court because they 
don't have a forwarding address," the government's Director of Information 
George Opiyo told Reuters. "We want to bring them to operate within the law."

The Eastern Africa Journalists Association (EAJA) added their voices to 
criticism of the bill, which still requires presidential assent before it 
comes into force.

"The change, if passed into law, will deal a devastating blow to the growth 
of media and freedom of the press in general," said Martin Ocholi, EAJA 
coordinator. "EAJA sees this move as a deliberate and mischievous attempt by 
the ruling party and government to deny millions of Kenyans their rights to 
free speech," he said in a statement.

The media industry says the government is overreacting and should have let 
the industry regulate itself. Media companies and the Kenya Union of 
Journalists say they have drafted a code of ethics and plan to set up a 
self-regulating body to be headed by professionals from outside the media.

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