Turbulence on the airwaves

Disgust was my overwhelming feeling upon watching the 140 seconds of the video clip posted online.

The video showed three men in a radio studio wallowing in their ignorance and privilege. Their careless words accompanied by callous laughter and gestures. The subject of their frivolous banter a victim of horrific gender-based violence. 

When Shaffie Weru, Joesph Munoru and Neville Musya hosted the Lift Off breakfast show on Homeboyz Radio on that fateful morning they had no idea their words would cascade into a storm that would eventually see them fired in disgrace.

Words have power. The power of the pen and mic is drilled into every first year student in journalism school. Unfortunately Kenyan media houses in a quest to amass huge numbers which translate to mega bucks from advertising revenue have sought to hire opinionated, comical, loud mouths who would not known journalistic ethics if it hit them in their face.

I support freedom of expression but how would you in your right mind find it okay to joke and jest about a woman being pushed off a building for refusing a man’s sexual advances?

Even journalistic ethics aside, as a person do you not subscribe to humanity, decency, common sense? Apparently not at Homeboyz as two years ago it was the night time Mtaani show at fault.

Shaffie, DJ Joe and Neville are the bad result of a 20 year experiment on Kenyan radio which was ironically started by Radio Africa Group and then copied by most of all the other radio stations in the country. 

25 years ago Capital FM was the standard of the emerging FM stations after decades of the national broadcaster KBC ruling the airwaves as a monopoly. Capital was structured along British radio style that one can still get a taste of on the likes of BBC Radio 2.

Kiss FM sought to break the rules. 

Kiss was the pioneer Radio Africa radio station. From the start it sort to push the boundaries. Remember the red lips tease advert that ran around Nairobi raising interest before the launch in the year 2000? And who can forget the kidnap stunt featuring star presenter Caroline Mutoko? 

Caroline and later Maina Kageni had been hired from Capital FM. The duo and their bosses hold the lion share of the blame in the dumbing-down of Kenyan radio.

The format of radio featuring a loud know-it-all presenter and a comic sidekick spewing uninformed opinion on every topic under the sun has its roots at Radio Africa. Caroline with Nyambane and later Jalang’o on Kiss while Maina has his Mwalimu King’ang’i on Classic FM. 

Radio presenters most of whom have had no journalistic training have become marriage counselors, sex therapists, political analysts, sports pundits, pastors and everything else that you can think of. 

Case in point, still at Radio Africa’s stable, is Radio Jambo’s infamous Patanisho segment that is hosted by an ex-rapper and a football coach. 

While Caroline and Maina may have benefited from the training at Capital FM, latter-day presenters seem like they are picked off social media or the streets and put in front of a mic on the strength of their popularity.

Radio Africa may fire out statements proclaiming editorial standards but they did recently hire controversial Andrew Kibe to co-host the prime breakfast show on Kiss with Kamene Goro.

Across the corridor, the harm done on the Kenyan society in general and relationships in particular by Classic FM’s breakfast show presenters by Maina and King’ang’i purporting to be marriage counselors will one day be quantified by sociologists. 

Nonsense FM is the nickname given to the Classic breakfast show in some parts of Kenyan social media. But the reality is that while many Kenyans swear they do not partake of the content, for years now Maina’s show tops the ratings charts and rakes in millions of advertising shillings. The hypocrisy of Kenyans runs deep. 

This hypocrisy extends to Kenyan companies. As long as Maina has the numbers then they are willing to turn a blind eye to the content and that is why East Africa Breweries Limited (Eabl) wadding into the Homeboyz presenters’ debacle was viewed with suspicion.

With the issue raising a storm on social media Eabl announced they were suspending sponsorship to Radio Africa on any show featuring the disgraced trio. Curious thing being that under law, alcohol in Kenya is not advertised in the morning. Eyes are now on Eabl and other corporates to see whether they would ever withdraw sponsorship from a show like Maina’s or if their reaction regarding Homeboyz was merely a case of optics and looking like they care. 

Arising from this storm is the issue of media freedom and whether an advertiser should be allowed to overtly dictate content. 

Enter Media Council of Kenya (MCK). Supposed to be the watchdog for Kenyan media MCK keeps playing catch up.

First up, it needs to ensure that the curriculum of journalism schools across the country is pushed into the 21st century as the calibre of journalists being churned out currently leaves a lot to be desired.

Secondly, MCK needs to protect the media industry from quacks. While talent is a bigger cornerstone for success as a media practitioner and this has occasioned the idea that anyone can be a journalist there is a huge need to avail journalistic training to the comedians, socialites, and loud debes that currently populate the airwaves. 

Thirdly, MCK needs to ensure that laws made in relation to media in the country are not punitive and that Kenyan corporates do not excessively wield their advertising revenue power as a stick or carrot to media houses.

Speaking of law and a player that stormed into the debate was Communication Authority of Kenya (CA). Quoting the Kenya Information and Communication Act, Section 46, I, as well as Section 1.3,4 of the Programming Code, CA through a press statement fined Homeboyz one million shillings and issued a raft of punitive measures.

According to the law, the fine is payable upon conviction. Conviction should happen after a case is heard and decided. The CA statement was issued on 28th March while the offending show was broadcast on 24th March.  Were 4 days really enough to conduct an “extensive review” of the matter? Or was CA merely playing to the public gallery?

If it is a matter of optics may I suggest that the one million shillings fine if it is ever paid be donated to organizations that deal with matters relating to Gender-based violence?

The Homeboyz storm may have blown over but it is my prayer that the numerous issues arising do not get swept under the carpet until the next social media storm.

Gender-based violence is unfortunately a scourge on our nation and its reportage needs to be handled with sensitivity.

Media houses and journalists need to realize that journalism is more than celebrity status, quest for ratings and search for advertising revenue.

Both Media Council of Kenya and Communication Authority of Kenya also need to figure out ways to be supporting cast in the growth and betterment of Kenya’s communication industry and not just the bearers of fines and sanctions.

GOD BLESS KENYA!

Gagged

The passage by a handful of MPs of the Kenya Information & Communication Amendment Bill 2013 has caused shock waves in the country.

For Kenyans old enough to remember, this feels like the start of a return to the dark days of dictatorship when KANU was baba na mama. For the younger ‘digital’ generation who have no recollection of Kenya Broadcasting Corporation ruling the airwaves and bulletins riddled with Mtukufu Rais, the hullabaloo may seem to be overkill or even a timely blow to the unfashionable traditional media.

As for the Kenyan media for whom the bill has direct impact, shock is an understatement. Just the other day, tea and a photo-op at Statehouse was the hottest ticket in town. Now the members of the Fourth Estate are learning, if you jump into bed with someone, do not be surprised if they screw you.

Before jumping in on the debate which was unfolding on my social media space I took time to read up on the laws, bills and amendments in question.

There is the Kenya Information & Communication Act of 1998 which is subject to the 2013 amendment Bill which sailed through parliament and now awaits Presidential assent. Then there is the Media Council Bill 2013 which in MY reading repeals part/all of the Media Act 2007.

Both the KIC Amendment 2013 and Media Council Bill are being pushed by Aden Dualle, Leader of Majority in Parliament and also Hawk-Extraordinaire for Jubilee. I am unsure whether he is fronting the bills in his individual capacity or as the government head in parliament.

As a matter of full disclosure, I am a journalist or is it broadcaster or is it media practitioner? It depends on which of definition of the diverse media laws you read. But more importantly, I am a Kenyan worried about the slippery slope the country has embarked on. Echoes of China or Uganda anyone?

Let us start with the Kenya Information & Communication (KIC) Amendment Bill 2013:

The Communication Commission of Kenya (CCK) is to be replaced with the Communication Authority of Kenya (CAK).

According to Section 6A, the board of the CAK shall comprise of a Chair who will be appointed by the President, Principal Secretaries of Information, Interior, National Budget and 7 persons appointed by the Cabinet Secretary of Information.

According to Section 6E, the CAK Board will establish a Broadcasting Standards Committee. This committee will administer broadcasting content, formulate media standards and regulate and monitor compliance.

Section 34 of KIC Amendment Bill 2013 seeks to amend Section 102 of the 1998 Act. This is the part dealing with the Appeals Tribunal. In 1998 Act, the tribunal was made up of a chair who is an advocate of the High Court of Kenya, 2 people chosen by the Minister for Communication and 2 people forwarded by Media Council of Kenya. In the 2013 Amendment, the tribunal is to be made up of a Chair who is a Judge appointed by JSC and 4 people chosen by the Cabinet Secretary of Information.  Quorum is 3 = Chairman + 2 members.

Surprise addition to this part is the punitive fines to media houses and threat of fines and deregistration to individual journalists. (This was not on the amendment put forward so my take is this was an on the floor of parliament addition.)

The Appeals Tribunal part of the KIC Amendment 2013 Bill is what has caused major furore. Mega fines with threat of accounts getting attached is sure to get tongues wagging. But in my (very layman) opinion I think this KIC Amendment 2013 Bill in totality is in bad faith.

The entire board of the CAK which has sweeping powers is made up entirely of government functionaries. How can they be fair?

The Broadcasting Standards Committee will be established by the CAK. Its function of to administer content, formulate standards, regulate and monitor compliance has a terrible ring to it. Does this not sound like some Communist country in the 1980s not Kenya in 2013? This to me is even worse than the Appeals Tribunal.

Then there is the threat of suspension and de-registration of journalists. Is there/was there a registration of journalists conducted? And just to ensure absolute supplication, there is the threat of individual fines up to the tune of one million which may lead to journalist accounts getting attached.

This the bill in front of the President.

Let us now check out the Media Council Bill 2013:

It is quite a long bill which for large parts addresses itself to the nitty-gritty’s of the running of the Media Council. However, it still finds space to address journalists and journalism.

The first thing I did in this Bill was to re-read the Code of Conduct for Journalists which is in the Second Schedule. By and large have no problem with the code. Methinks, it should be required reading for all with an interest in media.

My reading of Section 8-11 is that for all intents and purpose appointment to the 7 member Media Council is in the hands of the Cabinet Secretary of Information.  Does this then not make the Council a government puppet?

According to Section 45(a) the Cabinet Secretary of Information may from time to time amend the Code of Conduct for Journalists. Imagine that?

Section 28 talks of the council setting up a Complaints Commission whose functions are in Section 32.

Perhaps lawyers can illuminate this. How does Section 34 of Appeals Tribunal in the Kenya Information & Communication Amendment Bill 2013 relate/co-exist with Section 32 of the Media Council Bill 2013?

This Bill is still snaking its way through Parliament.

In conclusion:

Let me remind everyone that freedom of the media is enshrined in the constitution under Article 34. I also understand that no freedom is absolute. Actually, regulation of the media is a constitutional requirement under Article 34 (5c).

However, I totally dispute that government through the Cabinet Secretary of Information and his lackeys can be trusted to be 100% decider of what the media can or cannot broadcast.  That is wrong on so many levels and I shudder to imagine that the Jubilee government is seeking to return us to the dark old days.

The two bills as presently constituted are wrong both in the letter and spirit of the law. Will President Uhuru Kenyatta stand on the right or wrong side of this debate? Let’s wait and see.

GOD BLESS KENYA.

(all images are courtesy of Google)

Hapa na pale

The Ruto+Uhuru v Raila ‘mine is bigger than yours’ contest has left a bad taste in my mouth. The less said about that the better.

I have a Sunday night ritual. Those who follow me on Twitter are familiar with my ‘Sunday night at the local’ tweets. I love reggae music. There is something about the drumbeat and the conscious message that has appealed to me ever since I was a young boy listening to Jeff Mwangemi’s Reggae Time on KBC English Service back in the day.

Sunday Night Reggae however is more than just about reggae music and drinking. It is also about the community. I live in the hood and Sunday Night Reggae is the BBC and CNN of the hood. Who did what, to who, where, how and when are all adequately dissected and analysed. It is truly ‘Nusu ya Kuonana’ as the KBC salaams guys used to say. (Aside: anyone remember John Shoto Umnyololo kutoka Shamakhoho?)

Anyway, I was at the local this past Sunday and the DJ went on a trip down memory lane. He played all the ragamuffin hits from the 90s and the contrast was hilarious. The older guys were all excited while the younger guys had alama ya mshangao! Yes, before bendover there was chini kwa chini and before that there was shika shika time. It is funny how every generation thinks it’s the epitome of cool.

I love that the Kenya Premier League is finally getting massive support from Kenyans. The clubs that have managed to attracted fanatical support are AFC Leopards (Ingwe), Gor Mahia (K’ogalo) and Sofapaka (Batoto ba Mungu). SuperSport and FKL laid a good foundation several years back and players are now professionals with salaries of up to Kshs 100,000. It is my prayer that Nyamweya’s KFF will not drop the ball and will now work on upgrading the tactical levels of the game now that stadia are filled.

There was a song I forget by who which asked, Kati ya Man U na Arsenali gani kali? Maybe another forgettable musician (I am using this term loosely) should do a Kati ya Lillian Muli na Janet Mbugua nani msupuu?

Before they do let me bravely venture into this minefield. I have asked around. Many women have distaste for Lillian Muli while they have a soft spot for Janet Mbugua. For men it is the opposite, they have the ‘hots’ for Lillian Muli while they are indifferent to Janet Mbugua. I wonder why.

My one cent on the matter is that Lillian Muli really puts an effort into ‘Brand Lillian’. From how she dresses, how she walks, poses and smiles. I may have an issue with what ‘Brand Lillian’ espouses but I have to applaud the effort. On the other hand, Janet Mbugua comes across as bland and boring. Yaani yuko tu!

Again, it is MY one cent. Now go ahead and shoot the messenger :).

GOD BLESS KENYA!