Harmonise media laws to promote independence – media lobby
The Kenya Media Sector Working Group (KMSWG) has decried the heavy legislation affecting media’s freedom, professionalism, and independence.
In the report dabbed ‘State of Media Freedom in Kenya’ released on Tuesday, February 21, 2023, at the Serena Hotel, Nairobi, the group admitted the country’s fourth estate is struggling from a myriad of issues.
According to KMSWG, there are about 22 different laws that are often used against the media and journalists whenever powerful forces, including State agents, want to silence the Fourth Estate.
The group indicated the laws regulating the media, pushing journalists to self-censorship and submission to authorities.
In a statement, the group said, “This is a red flag and we call on the government to move with speed and work with the media sector to harmonize the media regulatory regime in Kenya to promote a free and independent media.”
“The legal environment remains a challenge. Too many laws govern the media sector and they often clash. The death of Arshad Sharifit in Kenya also shows that physical threats still exist. We need to ensure journalists are free from physical harm,” noted Linus Kaikai, Director of Strategy and Innovation at Citizen TV.
The group noted with concern the improper application of the law. “We also note with concern threats from the existing regulatory bodies which seek to undermine industry cohesion, consultation, inclusion, and robust stakeholder engagement through overzealous and improper interpretation and application of existing laws.”
According to the report, the Government Advertising Agency (GAA) has been identified as a big impediment to freedom of the media given the experience of its use as a tool to blackmail media enterprises, with the consequence that it has killed investigative journalism and led to self-censorship on the coverage of key public issues, including corruption, governance.
The GAA has been used to strangle media freedom, freedom of expression, and access to information as stipulated under Articles 33, 34, and 35 of the Constitution respectively.
Attacks on journalists We note increased cases of attacks on journalists in the country, mainly by overzealous security officers and politicians who send goons to unleash terror on journalists and media workers. There have also been increased attacks on journalists by officials of county governments.
Furthermore, the media is calling on the government to repeal laws that are unduly limiting the freedom of the media.
“Establish a media diversity and sustainability fund with input /consultation with the media industry,” they added.
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