The national ict policy of 2006 committed the government to support and encourage pluralism and diversity. The government controls media licensinga process that is shrouded in secrecy, so that it is difficult to establish who owns which media house. The overall framework of policy and law is not yet adequate for digitized media in kenya. Pdf ethical media communications is a vital aspect of governance. A comparative introduction to media laws and ethics where media laws and the issues of ethics are derived in constitutional societie the relevance of laws s and ethics to modern journalism the differencedistinction between objective journalism and the socalled yellow journalism. School of journalism and mass communication, university of nairobi, kenya. Laws governing the media in kenya are fragmented and exist in different sections of civil and criminal laws. The importance of ethics in criminal justice 5 case study 1. Code of conduct for the practice of journalism in kenya.
Discuss how the kenya information and communications amendment act 20 and the media council act 20 of the laws of kenya are a threat to the freedom of the media enshrined in the constitution of kenya. This constitution is the constitution of the republic of kenya and shall have the. Media law handbook for eastern africa konradadenauerstiftung. The code sets standards of good business practices for companies when dealing with customers, suppliers, contractors, shareholders, the government among others. Defamation law in kenya and posts made on social media and online applications. Kamau kuria published articles on issues of constitutional theory and the rule of law in kenya. All bills for raising revenue shall originate in the house of representatives. Public law regulates interactions of citizens with the state for instance constitutional and criminal law. Appeal stated in its decision in a case between former kilome mp, john harun mwau and the nation media group. Ludwig wittgenstein, john stuart mill, johann gutenberg, noam. The three sources of press law in kenya include the constitution of kenya, the statutory law. Law is a set of universal rules that are framed, accepted when usually enforced. Klrc has an additional mandate of preparing new legislation to give effect to the constitution.
Kamau kuria also has participated actively in the debate. Such laws aim at reducing corruption and encouraging good governance. Published by the national council for law reporting with the authority of the attorney general. Published by the association of media women in kenya laws governing media practice in kenya a journalists handbook this publication is a simpli. Media council of kenya code of conduct for the practice of journalism 5 b in the same vein, publication of photographs showing mutilated bodies, bloody incidents and abhorrent scenes should be avoided unless the publication or broadcast of such photographs will serve the public interest. It constitutes their code of conduct and more, like the obligation to file a declaration of wealth to uncover any suspected income and assets acquired corruptly. Find institute of commercial managementicm media law and ethics previous year question paper. Ethics is not defined in kenyan law but it can be stated to relate to the rules of conduct recognised in respect to a particular class of human action or a particular group or culture. Social networks and media are one of the latest frontiers for lawyers, lawmakers, politicians, entrepreneurs and academics. The media, legal, regulatory and policy environment in kenya.
It is not easy to write a book about media law in eastern africa because of the difficulty in accessing the. The rule of law in kenya and the status of human rights. The role of codes of conduct and practice of journalism and the obligations of media practitioners in the promotion of individual and collective good is explored. Other leading journals also date from this period, with business ethics quarterly appearing in 1991, and business ethics. Thus jurisprudence answers what is law and how to make judicial decisions. The african ejournals project has digitized full text of. Ethics, on the other hand, involves the study of those standards and judgments which people create. It entails the modern ethical dilemma facing media and communication skills. Public officers ethics act, 20 roggkenya reporting. Omolo ochilo abstract the writer in his paper seeks to discuss the concept of press freedom and the role of the media in kenya. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Laws of kenya the media act chapter 411b revised edition 2009 2007 published by the national council for law reporting with the authority of the attorney general.
This is the fi rst textbook to explicitly integrate both. The field covers many varied and highly controversial topics, ranging from war journalism to benetton ad campaigns media ethics promotes and defends values such as a universal respect for. Constitutions bill of rights that guarantees freedoms of religion, speech, press, assembly and petition. It addresses concerns regarding the freedom of expression, access to information, the right to privacy and intellectual. Freedom of the media kenya law reform commission klrc. Media laws an overview law, lawyers and legal resources. This is the fi rst textbook to explicitly integrate both media law and ethics within one volume. The course examines the bases of mass media law and looks at legal, social and ethical obligations of journalists and media institutions. The course aims to form and train professionals that will make difference in their professions and help students become experts in their own field understanding rules and principles of applied ethics and legal requirements. Media law and ethics is a comprehensive overview and a thoughtful introduction to media law principles and cases as well as related ethical concerns relevant to the practice of professional communication. Media law is a very broad body of law that incorporates elements of and trademark law, contract law, defamation and privacy law, etc miller, 2003. Ethics in media communications is also important for democratic governments. Feel free to use the past paper as you prepare for your upcoming examinations. Recognising that freedom of speech is a basic element of a democratic society and that free and independent mass media are among the most important institutions in a democratic society.
Background note the media, legal, regulatory and policy. The media in kenya is a diverse and vibrant growing industry. Towards a principle based regulation in the 2012, commercial law journal edition. The public seal of kenya shall be such device as may be prescribed by or under an act of parliament. Media ethics is the best division of applied ethics dealing with the specific ethical principles and standards of media, including broadcast media, film, theatre, the arts, print media and the internet. Law and the mass media in kenya michigan state university. This article describes and analyses the law affecting the mass media in kenya. He did his postgraduate work in law at oxford university, returning to kenya to teach law at the university of nairobi. Media law is a legal field that relates to legal regulation of the telecommunications industry, information technology, broadcasting, advertising, the entertainment industry, censorship, and internet and online services among others as the popularity of various media have proliferated, the field of media law has become more important. James aggery orengo, who is also a senator, to file a petition challenging the kenya information and communication amendment bill 20. In nigeria, media laws are legislations made by the government in power at the federal, state, and local government levels, to control or regulate the activities of the press in a. Media law and ethics there was a time when criticizing the government or a political leader was illegal. This is where the field of ethics is broken down into descriptive ethics, normative ethics and.
No one seems to claim that social media is the final frontier. Kenyas media are preparing to launch a challenge to a new system of regulation introduced by president uhuru kenyatta. Law and ethics are two important terms associated with the science of management. The republic of kenya shall be a multiparty democratic state. Interpretation in this code of conduct a person subject to this act means a journalist, media practitioner, foreign journalist or media enterprise. In 2010 it published seven volumes volumes 91 to 97 and 39 separate issues, each containing several articles. The media council of kenya shall be responsible for setting a framework to oversee professional conduct by journalists and other media professionals. The media council act, 20 and the kenya information and communications amendment act, 20 association of media women in kenya. Similarly, the tone of the language used in a post can ascribe a different meaning to a previously non. The law society of kenya lsk is kenyas premier bar association, with membership of all practising advocates, currently numbering over fifteen thousand members. University of nairobi law journal, electronic banking in kenya. Ethics assumes that the standards exist and seeks to describe them, evaluate them, or evaluate the premises upon which those standards exist. In this context, a discussion of the role of law in mass media regulation is a useful contribution to an important debate on constitutional rights in a democratic.
Section 5 synthesises the issues that arise and section 6 draws conclusions and makes recommendations for the future. Media laws and ethics lesson 1 the word jurisprudence derives from the latin term juris prudentia, which means the study, knowledge, or science of law. Law is regarded as a social control and ethics deals with ideas considered to be good or bad. These media laws will force journalists and news outlets to selfcensor to survive. Download this document for media law and ethics at bayero unversity for free and find more useful study materials for your courses. Nairobi, december 5, 20kenyas national assembly today passed contentious antipress legislation, the kenya information and communication amendment act and the media council act, which will effectively silence critical reporting through a new governmentcontrolled regulator and the threat of hefty fines.
The code of conduct for the practice of journalism as entrenched in the second schedule of the media act 20 governs the conduct and practice of all media practitioners in the country. Marco gercke and is a new edition of a report previously entitled understanding cybercrime. Early this month, jointly with the law society of kenya lsk, journalists instructed senior lawyer mr. They assure any person who is a witness to a crime, protection from retaliation by those mentioned. The impact of kenyas legal and institutional frameworks. There are more than 90fm radio stations, 14 television stations and a massive number of formal and informal print newspapers and magazines. It is a branch of philosophy concerned with the law and the principles that helps courts to make decisions. It is the principle of anticorruption that forms the basis of the code of ethics for business that companies in kenya sign on to.
The public officers ethics act is simply a list of dos and donts for public officers in kenya. Justify the basis for which some works may not be eligible for. Just over a century ago, the media would have consisted. Every bill which shall have passed the house of representatives and the senate, shall, before it. Defamation law in kenya and posts made on social media. Ethics on the other hand define how individuals prefer to interact with one another. The word ethics is derived from the latin ethos meaning character. The constitution of kenya is the supreme law of kenya and guarantees the right to. Media has an important role in the democratic process. Private law regulates relationships between individuals within a state e. An act of parliament to provide for the establishment of the media council of kenya.
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