CA- ICT Week Presentation 2015

1. Facilitatinga Vibrant ICT Ecosystem in
Celebration of 150 Years of the ITU
Broadcasting Content Regulation
CA ICT Week, 11-15th May 2015, PanAfric
Hotel, Nairobi

2. Why regulate broadcast content?
• Impact of broadcasting – persuasive and
powerful media
• Protect citizens, especially minors, from
harmful or offensive material
• Promote and protect local culture
• Protect local cultural, moral, social and
religious values.
• Allow for diversity of opinion and diversity
of programming
• Promotion of democracy - accurate and
impartial news, etc.

3. CA’s obligations in broadcasting
Promote and facilitate development of diverse
broadcasting services
Promote observance of public interest in broadcasting
Promote diversity and plurality of views
Ensure broadcasters provide appropriate complaints
resolution mechanisms
Set standards for broadcast programmes

4. Regulatory Instruments
Kenya Information and Communications Act
Kenya Communications(Broadcasting)Regulations 2009
Licence Obligations
Programme Code
Complaints Handling procedure

5. The Programme Code
Principles:
i. Protection of democratic principles
ii. Protection of minors
iii. Protection of the individual
iv. Public interest
 Section 46H (d) of KICA – vests CA to
prescribe a Programme Code
 Code sets standards for the time and manner
of programmes to be broadcast by licensees

6. Protection of democratic principles
Impartiality
• Presentationof
news without
political bias
necessary for a
healthy
democracy
Equitable opportunity
• Equitable opportunities
and coverage of
political parties and
presidential candidates
during elections &
referendums
Accurate News
• Accuracy vital for
broadcast news
to be reliable
source of
information

7. Protection of minors
Offensive Language Violence
Information & ratings
Explicit Sexual Content
Watershed periodNudity

8. Protection of the individual
Intrusion into privacy Right of Reply
Advertising – Truth,
decency, honesty, etc.
Copyright & IP

9. Protection against harm
Crime – methods
Flashing lights –
Epileptic seizures
Incitement of Hatred
Crisis situations

10. Public Interest
Access by PWDs
Local Expression
Copyright & IPComplaints mechanism
Taste & decency Religion

11. Public Interest (cont’d)
Good Taste &
Decency
?
Accuracy &
Impartiality
Accessibility by
PWDS
Uninterrupted
Services
Protection of Minors

12. Programme Code – status
Code
developed
already
Stakeholder
consultation
7th April – 8th
May
Analysis of
comments
ongoing
Stakeholders
Forum to be
convened
before
adoption

13. Complaints Handling Procedure
Complaints
to be made
Within 30
days of
airing
Complaints
to be made
in writing
Acknowledge
receipt
within 30
days
Escalate
issue to CA
and/or
Tribunal
Accessible, effective & timely

14. Customer Focus
• Complaints are a form of customer feedback and an essential
part of the business process.
Inform audiences of the existence
of a complaint mechanism
Inform audiences HOW to lodge a
complaint e.g. SMS, Email etc.
Make provisions for lodging of
complaints by PWDs
File annual complaints register
with regulator

15. Procedure for CA - status
Forum to
be held
before
adoption
Analysis of
input
ongoing
Public
Consultati
on done
7th April –
8th May
Procedure
developed
already

16. Broadcasters’ Obligations
• Promote accessibility to Broadcasting services PwDs.
• Observance and enforcement of the watershed period
guidelines.
• Enforcement of 60% local content quotas for FTA TV by 2017.
• Development and implementation of complaints handling
procedures and related mechanisms for complaints resolution.
• Promoting a responsible and responsive broadcasting culture
that educates, informs, entertains, and promotes appreciation
of our values, cultures and heritage.
• Observance of obligations such as quarterly reports, storage of
recordings, etc.

17. Consumer Obligations

18. Thank You
Consumer
Rights in
Broadcasting
Services