The document discusses broadcast content regulation and media consumer rights. It provides an overview of regulation and fundamental freedoms, global practices on content regulation, implications of absent content regulation, examples of self-regulation success, threats of regulatory capture and rights violations, and conclusions. It examines Kenya's constitution and principles of freedom of expression and media. It argues that some regulation of broadcast content is needed to protect consumers and uphold all rights equally while not being unconstitutional.
Victims rights as human rights from human rights watchmarsyslawforall
First and foremost, all victims of crime should have their status recognized by the state. Such recognition should be forthcoming whether or not alleged perpetrators are identified or arrested. Human rights standards demand that victims be treated with compassion and with respect for their human dignity throughout the criminal justice process, and that no group or category of victims should suffer from discrimination. Victims of crime should be able to have access to and participate in the criminal justice system through procedures that provide them with information, notice, and an opportunity to be heard without prejudice to the rights of the accused. Human rights standards recognize that victims should be protected and assisted in all appropriate instances, and they should have access to specialized help in dealing with emotional trauma and other hardships caused by their victimization.2
Victims rights as human rights from human rights watchmarsyslawforall
First and foremost, all victims of crime should have their status recognized by the state. Such recognition should be forthcoming whether or not alleged perpetrators are identified or arrested. Human rights standards demand that victims be treated with compassion and with respect for their human dignity throughout the criminal justice process, and that no group or category of victims should suffer from discrimination. Victims of crime should be able to have access to and participate in the criminal justice system through procedures that provide them with information, notice, and an opportunity to be heard without prejudice to the rights of the accused. Human rights standards recognize that victims should be protected and assisted in all appropriate instances, and they should have access to specialized help in dealing with emotional trauma and other hardships caused by their victimization.2
international court of jurisdiction-its composition,types of jurisdiction,activities,cases,contentious and advisory jurisdiction,corfu channel case and nuclear weapon case
INTRODUCTION
In the absence of an elected parliament that expresses the people and their concerns. In light of the growing awesome network of exceptional laws, which violating the Egyptian constitution of 2014 and the Egyptian successive Constitutions and violating of all international conventions signed by the Egyptian government, is getting the brunt of these laws that the Egyptian citizen burned.
In the light of this legislative vacuum there are many laws that restricted of the rights and freedoms of citizens, until it be more than 800 law and decision issued by individual decision from the president.
The important question is whether the country and its citizens really need this vast amounting of restricted law for freedom of its people and shackled the progress of society.
Does the law on terrorism and the law terrorist entities are able to stop this intellectual extremism creeping armed US?
Does Egypt need to have issue laws or it need to coherence of the Community intellectually and politically to stand in front of this wave of abnormal thought?
Can the Egypt deter a criminal by the laws or the government creates more extremists who find in violating of their rights field to force this country and continue to face?
Egypt is in dire need of wise now to take it towards the right path away from the fossilized minds or extremist ideas.
Therefore, we need to stop in front of these violations that Egypt was suffering in the human right's file in an unprecedented way in all the previous eras. The current power desires liquidation of all its opponents inside and outside prisons in the light of continued killings and torture.
We need to stop for a cessation of all manifestations of Industry extremism. We seek to build a nation afford all his sons. Egypt will not progressing by the cuffed law that was fallen what is remain of Egypt institutions which created a new tyrants by the law!
METHODOLOGY OF THE REPORT
These reports methodology has adopted to collect information, through direct monitoring to researchers of ECRF for the cases and asked all the associated of the incident under discussion. In this report we have adopted on all investigations and press releases that have been issued over the past months, as well as asked lawyers, experts and jurists.
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESHMYO AUNG Myanmar
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
https://www.icc-cpi.int/rohingya-myanmar
Preliminary examination Bangladesh/Myanmar(ONGOING)
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya
Related Documents
18 September 2018
Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh
https://www.youtube.com/watch?v=DBDakDv9s2o&feature=youtu.be
https://www.dropbox.com/s/mszr5ktqh7a8ta0/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp4?dl=0
https://www.dropbox.com/s/xjfulzz77bl3nf5/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp3?dl=0
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-1
https://www.icc-cpi.int/CourtRecords/CR2018_02057.PDF
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-36
Notice of the Public Statement Issued by the Government of Myanmar
ICC-RoC46(3)-01/18-36
17 August 2018 | Office of the Prosecutor | Notice
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-28
Decision Inviting the Competent Authorities of the Republic of the Union of Myanmar to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) o
ICC-RoC46(3)-01/18-28
21 June 2018 | Pre-Trial Chamber I | Decision
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-31
This report analyzes Tunisia’s draft counterterrorism law and assesses to what extent the
proposed law conforms to international human rights standards.
An initial version of the draft law was submitted to the National Constituent Assembly (NCA),
Tunisia’s parliament, by the Council of Ministers in January 2014. The NCA suspended voting
on the draft amid disagreements over its provisions and in advance of legislative elections in
October 2014. The new government submitted a new draft on March 26 to the parliament
that was elected on October 26, 2014.
The new draft comes amid a spate of violent attacks by extremist groups targeting both
Tunisians and foreign visitors, including the March 18 attack against tourists at the Bardo
Museum in Tunis that killed 21 foreigners and one Tunisian.
FMDH - International Instruments for the Protection of Journalists : Dr Ioan...FMDH
Présentation de Dr Ioannis Kalpouzos sur "International Instruments for the Protection of Journalists" lors du Forum Mondial des Droits de l'Homme le 28 Novembre 2014.
Pour plus d'informations :
- Site web : http://fmdh-2014.org/fr/
- Facebook : https://www.facebook.com/FMDH2014
- Twitter : https://twitter.com/FMDH2014
- Youtube : https://www.youtube.com/user/FMDH2014
international court of jurisdiction-its composition,types of jurisdiction,activities,cases,contentious and advisory jurisdiction,corfu channel case and nuclear weapon case
INTRODUCTION
In the absence of an elected parliament that expresses the people and their concerns. In light of the growing awesome network of exceptional laws, which violating the Egyptian constitution of 2014 and the Egyptian successive Constitutions and violating of all international conventions signed by the Egyptian government, is getting the brunt of these laws that the Egyptian citizen burned.
In the light of this legislative vacuum there are many laws that restricted of the rights and freedoms of citizens, until it be more than 800 law and decision issued by individual decision from the president.
The important question is whether the country and its citizens really need this vast amounting of restricted law for freedom of its people and shackled the progress of society.
Does the law on terrorism and the law terrorist entities are able to stop this intellectual extremism creeping armed US?
Does Egypt need to have issue laws or it need to coherence of the Community intellectually and politically to stand in front of this wave of abnormal thought?
Can the Egypt deter a criminal by the laws or the government creates more extremists who find in violating of their rights field to force this country and continue to face?
Egypt is in dire need of wise now to take it towards the right path away from the fossilized minds or extremist ideas.
Therefore, we need to stop in front of these violations that Egypt was suffering in the human right's file in an unprecedented way in all the previous eras. The current power desires liquidation of all its opponents inside and outside prisons in the light of continued killings and torture.
We need to stop for a cessation of all manifestations of Industry extremism. We seek to build a nation afford all his sons. Egypt will not progressing by the cuffed law that was fallen what is remain of Egypt institutions which created a new tyrants by the law!
METHODOLOGY OF THE REPORT
These reports methodology has adopted to collect information, through direct monitoring to researchers of ECRF for the cases and asked all the associated of the incident under discussion. In this report we have adopted on all investigations and press releases that have been issued over the past months, as well as asked lawyers, experts and jurists.
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESHMYO AUNG Myanmar
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
https://www.icc-cpi.int/rohingya-myanmar
Preliminary examination Bangladesh/Myanmar(ONGOING)
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya
Related Documents
18 September 2018
Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh
https://www.youtube.com/watch?v=DBDakDv9s2o&feature=youtu.be
https://www.dropbox.com/s/mszr5ktqh7a8ta0/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp4?dl=0
https://www.dropbox.com/s/xjfulzz77bl3nf5/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp3?dl=0
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-1
https://www.icc-cpi.int/CourtRecords/CR2018_02057.PDF
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-36
Notice of the Public Statement Issued by the Government of Myanmar
ICC-RoC46(3)-01/18-36
17 August 2018 | Office of the Prosecutor | Notice
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-28
Decision Inviting the Competent Authorities of the Republic of the Union of Myanmar to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) o
ICC-RoC46(3)-01/18-28
21 June 2018 | Pre-Trial Chamber I | Decision
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-31
This report analyzes Tunisia’s draft counterterrorism law and assesses to what extent the
proposed law conforms to international human rights standards.
An initial version of the draft law was submitted to the National Constituent Assembly (NCA),
Tunisia’s parliament, by the Council of Ministers in January 2014. The NCA suspended voting
on the draft amid disagreements over its provisions and in advance of legislative elections in
October 2014. The new government submitted a new draft on March 26 to the parliament
that was elected on October 26, 2014.
The new draft comes amid a spate of violent attacks by extremist groups targeting both
Tunisians and foreign visitors, including the March 18 attack against tourists at the Bardo
Museum in Tunis that killed 21 foreigners and one Tunisian.
FMDH - International Instruments for the Protection of Journalists : Dr Ioan...FMDH
Présentation de Dr Ioannis Kalpouzos sur "International Instruments for the Protection of Journalists" lors du Forum Mondial des Droits de l'Homme le 28 Novembre 2014.
Pour plus d'informations :
- Site web : http://fmdh-2014.org/fr/
- Facebook : https://www.facebook.com/FMDH2014
- Twitter : https://twitter.com/FMDH2014
- Youtube : https://www.youtube.com/user/FMDH2014
International Press Institute (IPI) Senior Press Freedom Adviser Steven M. Ellis will present information related to the IPI’s current project “Strengthening Journalists’ Rights, Protections and Skills: Understanding Defamation Laws versus Press Freedom”. The project seeks to examine the effects that defamation, insult and blasphemy laws in the 28 EU member countries and five candidate countries have on the practices of journalism and the exercise of press freedom.
IPI will soon be issuing a study detailing defamation law in EU member and candidate states, examining the extent to which these laws comport with international standards and offering recommendations for potential changes. Ellis will explain to participants the purpose, history and methodology behind the forthcoming study and share details regarding planned follow-up workshops and trainings. Using specific examples from relevant countries, Ellis will also detail potential pitfalls that journalists face under national criminal and civil laws on defamation, insult and blasphemy. Participants will be given examples of types of conduct that may lead to liability, potential defences to liability, potential consequences that a finding of civil or criminal liability may carry and examples of recent legal developments. Finally, he will provide a broad overview of relevant international free expression standards in order to foster awareness among journalists of their rights in cases where national laws have not yet caught up to those standards.
The Press Complaints Commission is an independent body that deals with complaints from members of the public about the editorial content of newspapers and magazines.
Their service to the public is free, quick and easy.
They aim to deal with most complaints in just 32 working days
There is absolutely no cost to the people complaining.
Unit 14 (LO2) – Be able to assess locations, ricks, and legal/ethical issues ...mdelmar97
Unit 14 (LO2) – Be able to assess locations, ricks, and legal/ethical issues relevant to their print media product, finding solutions to any risks or issues identified
Election Blogging and Free Speech (Internet Society Singapore)Benjamin Ang
Talk by Mr Jack Lee, Associate Professor, Singapore Management University, on Election Blogging and the Free Speech framework in Singapore Law. Topics covered: General Election 2015 Singapore, Constitution of Singapore, Defamation Law. Presented at the workshop on Election Blogging and Social Media, organized by the internet Society Singapore Chapter, August 2015, panel discussion co-moderated by Prof Ang Peng Hwa (NTU) and me (Benjamin Ang).
Have you ever wondered how search works while visiting an e-commerce site, internal website, or searching through other types of online resources? Look no further than this informative session on the ways that taxonomies help end-users navigate the internet! Hear from taxonomists and other information professionals who have first-hand experience creating and working with taxonomies that aid in navigation, search, and discovery across a range of disciplines.
Acorn Recovery: Restore IT infra within minutesIP ServerOne
Introducing Acorn Recovery as a Service, a simple, fast, and secure managed disaster recovery (DRaaS) by IP ServerOne. A DR solution that helps restore your IT infra within minutes.
This presentation by Morris Kleiner (University of Minnesota), was made during the discussion “Competition and Regulation in Professions and Occupations” held at the Working Party No. 2 on Competition and Regulation on 10 June 2024. More papers and presentations on the topic can be found out at oe.cd/crps.
This presentation was uploaded with the author’s consent.
0x01 - Newton's Third Law: Static vs. Dynamic AbusersOWASP Beja
f you offer a service on the web, odds are that someone will abuse it. Be it an API, a SaaS, a PaaS, or even a static website, someone somewhere will try to figure out a way to use it to their own needs. In this talk we'll compare measures that are effective against static attackers and how to battle a dynamic attacker who adapts to your counter-measures.
About the Speaker
===============
Diogo Sousa, Engineering Manager @ Canonical
An opinionated individual with an interest in cryptography and its intersection with secure software development.
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...Orkestra
UIIN Conference, Madrid, 27-29 May 2024
James Wilson, Orkestra and Deusto Business School
Emily Wise, Lund University
Madeline Smith, The Glasgow School of Art
2. Presentation Overview
● Regulation and Fundamental Freedoms
● Global Practices on Content Regulation
● Absent Content Regulation Implications
● Examples of “Self-Regulation” Success
● Regulatory Capture and Rights Threats
● Conclusions
3. Regulation and Fundamental Freedoms
● Culture of selective amnesia vs. holistic view,
● Any argument against the constitution is mute,
● Repeated rights violations don't change facts,
● Universal Declaration of Human Rights (1948),
● Individual rights end where others' rights begin,
● Is there one particular freedom that reigns
supreme over all other freedoms?
● Read the constitution as one whole document.
4. Enforcement of Bill of Rights.
22. (1) Every person has the right to institute court
proceedings claiming that a right or fundamental freedom
in the Bill of Rights has been denied, violated or infringed,
or is threatened.
(2) In addition to a person acting in their own interest, court
proceedings under clause (1) may be instituted by—
(a) a person acting on behalf of another person who cannot act
in their own name;
(b) a person acting as a member of, or in the interest of, a group
or class of persons;
(c) a person acting in the public interest; or
(d) an association acting in the interest of one or more of its
members.
5. Freedom of Expression
33. (1) Every person has the right to freedom of
expression, which includes—
(a) freedom to seek, receive or impart information or ideas;
…..
(3) In the exercise of the right to freedom of
expression, every person shall respect the rights and
reputation of others.
[ subsection (3) reinforces respecting others rights ]
6. Freedom of the Media /1
34. (1) Freedom and independence of electronic, print and all other types of
media is guaranteed, but does not extend to any expression specified in
Article 33 (2).
(2) The State shall not—
(a) exercise control over or interfere with any person engaged in
broadcasting, the production or circulation of any publication or the
dissemination of information by any medium; or
(b) penalise any person for any opinion or view or the content of any
broadcast, publication or dissemination.
(3) Broadcasting and other electronic media have freedom of
establishment, subject only to licensing procedures that—
(a) are necessary to regulate the airwaves and other forms of signal
distribution; and
(b) are independent of control by government, political interests or
commercial interests.
7. (4) All State-owned media shall—
(a) be free to determine independently the editorial content
of their broadcasts or other communications;
(b) be impartial; and
(c) afford fair opportunity for the presentation of divergent
views and dissenting opinions.
(5) Parliament shall enact legislation that provides for the
establishment of a body, which shall—
(a) be independent of control by government, political
interests or commercial interests;
(b) reflect the interests of all sections of the society; and
(c) set media standards and regulate and monitor
compliance with those standards.
Freedom of the Media /2
8. Consumer Rights
46. (1) Consumers have the right—
(a) to goods and services of reasonable quality;
(b) to the information necessary for them to gain full benefit from
goods and services;
(c) to the protection of their health, safety, and economic interests;
and
(d) to compensation for loss or injury arising from defects in goods or
services.
(2) Parliament shall enact legislation to provide for consumer
protection and for fair, honest and decent advertising.
(3) This Article applies to goods and services offered by public
entities or private persons.
9. Global Practices on Content Regulation
● Not a single “international standard” exists
● Content, context, culture, message, interpretation
● Television content rating (adult, child, violent etc.)
● Broadcast Industry Code of Practice/Standards
● Regulatory Authority - “when push come to shove”
enforces public interest and accountable to public
● Eliminating public interest regulator, suggests eliminating
the police→ public to self-regulate
● Kenya mirrors accepted global regulation approach
16. Europe
● IFJ Declaration of Principles on the Conduct of Journalists (
link)
● International Principles of Professional Ethics in Journalism
(link)
● Sweden:
● “There is freedom of the press and freedom of expression in
Sweden. There is a constitutional law that says we will have
freedom of the press and freedom of expression in Sweden.
It means that for example newspapers and electronic media
have great freedom to present which viewpoints they want
to and to print and broadcast those news they think are
interesting. Here one can read about the most essential
rules.” (link)
17. RULES ON PUBLICITY
Provide accurate news
1. The role played by the mass media in society and the
confidence of the general public in these media call for
accurate and objective news reports.
2. Be critical of news sources. Check facts as carefully as
possible in the light of the circumstances even if they
have been published earlier. Allow the reader/ listener/
viewer the possibility of distinguishing between
statements of fact and comments.
3. Newsbills, headlines and introductory sections must be
supported by the text.
4. Make sure of the authenticity of pictures. See to it that
pictures and graphical illustrations are correct and are not
used in a misleading way.
18. Treat replies generously
5. Factual errors are to be corrected when called for. Anyone
seeking to reply a statement shall, if this is warranted, be
given the opportunity to do so. Corrections and rebuttals
shall be published promptly in appropriate form, in such a
way that they will come to the attention of those who
received the original information. It should be noted that a
rebuttal does not always call for an editorial comment.
6. Publish without delay statements of censure issued by the
Swedish Press Council in cases concerning your own
newspaper.
19. Respect individual privacy
● 7. Be careful in giving publicity where it can trespass upon an
individual's privacy. Refrain from such action unless it is
obviously in the public interest.
● 8. Exercise great caution in publishing notices concerning suicide
and attempted suicide, particularly out of consideration for the
feelings of relatives and in view of what has been said above
concerning the privacy of the individual.
● 9. Always show the greatest possible consideration for victims of
crime and accidents. Carefully check names and pictures for
publication out of consideration for the victims and their relatives.
● 10. Do not emphasize race, sex, nationality, occupation, political
affiliation or religious persuasion in the case of the persons
concerned if such particulars are not important in the context
AND are disparaging.
20. Exercise care in the use of pictures
● 11. Where applicable, these rules shall also apply to
pictures.
● 12. Making a montage, retouching a picture by an
electronic method, or formulating a picture caption
should not be performed in such a way as to mislead
or deceive the reader. Always state, close to the
picture, whether it has been altered by montage or
retouching. This also applies to such material when it
is filed.
21. Listen to both sides
● 13. Endeavour to give people who are criticized in a
factual report the opportunity at the same time to
reply to the criticism. Endeavour also to state the
views of all parties involved. Bear in mind that the
sole objective of some reports may be to cause harm
to the subjects of the reports.
● 14. Remember that, in the eyes of the law, a person
suspected of an offence is always presumed to be
innocent until he is proven guilty. The final outcome
of a case that is described should be reported.
22. Be cautious in publishing names
● 15. Give careful thought to the harmful consequences that
might follow for persons if their names are published.
Refrain from publishing names unless it is obviously in the
public interest.
● 16. If a person's name is not to be stated, refrain from
publishing a picture or particulars of occupation, title, age,
nationality, sex, etc., which would enable the person in
question to be identified.
● 17. Bear in mind that the entire responsibility for publication
of names and pictures rests with the publisher of the
material.
23. PROFESSIONAL RULES
● “Strong journalistic integrity is crucial for
reliability. Those who examine society must
also tolerate being examined.”
● It is important for the public trust that journalists
show tact in their work in the field.
● Trust in the media and their workers is based
on the following professional rules.
24. The integrity of the journalist
● 1. Do not accept an assignment from anyone outside the editorial
staff leaders.
● 2. Do not accept an assignment, invitation, gift, a free trip or any other
benefit - and do not make contracts or other engagements that could
bring into question your status as a free and independent journalist.
● 3. Do not give in to outside pressure intending to prevent or restrict
justified publishing.
● 4. Do not use your position as a journalist, or your presscard, in order
to exert pressure for your own or someone else’s profit or in order to
acquire personal benefits.
● 5. Do not utilize for your own or someone else’s profit unpublished
news concerning economic conditions or measures by state,
municipalities, organizations, companies or private persons.
● 6. Bear in mind the provision in the Collective Agreement for
Journalists according to which a journalist cannot be ordered to write
against his/ her conviction or to carry out humiliating assignments.
25. Obtaining of material
● 7. Comply with reasonable wishes from the persons
interviewed to find out beforehand how and where their
statements will be published.
● 8. Show particular consideration with people not used of being
interviewed. Inform him/ her about whether the conversation is
intended for publication or only for information.
● 9. Do not falsify interviews or pictures.
● 10. Show consideration in taking photographs and in procuring
them, especially in connection with accidents and crimes.
● 11. Observe copyrights to text, photographs and recordings.
● 12. Indicate the source when the published material is mainly
based in information from other parties.
26. RULES AGAINST EDITORIAL
ADVERTISING
● It is important to protect the reliability and
integrity of media.
● It requires media to be free and independent in
its reporting.
● Do not let any public distrust to develop by
letting third parties have an influence in the
content of publications.
● Ensure that editorial material and advertising
cannot be mistaken for one another.
27. Checklist for editorial advertising /1
Be careful and critical in the following situations:
● when third parties offer ideas and make proposals
including some kind of favour in return
● when offered free or heavily subsidized trips or
benefits
● when asked for promises for publicity beforehand
● when products or services are presented as
consumer information. Show clearly how the choice
of the products/services has been made and how the
products/services have been compared or tested and
that the editorial staff are the testers. Aim at many-
sidedness with this kind of presentations so that there
is no unfair promotion.
28. ● When third parties, for example PR offices, lobbyists, scholars,
companies, officials or organizations, actuate information and
communication. This concerns especially areas where the law
limits advertising, for example pharmaceuticals, tobacco,
alcohol and advertising aimed at children.
● With publicity concerning the products or other arrangements of
companies, organizations or official sphere of authority, so that
there is no unfair promotion
● With publicity of selling your own goods, services or other
arrangements
● When an arrangement is carried out together with a third party,
one must tell when it is relevant, with whom the co-operation
happened and the conditions for the co-operation
● When products or trademarks are exposed with an appearance
of product placement
Checklist for editorial advertising /2
29. Absent Content Regulation Implications
● Rampant vulgar content competing on airwaves
● Violence depicted on television, aired on radio
● Acceptable television dress code? (“my dress my choice”
● Children rights to protection continually violated
● Misleading advertisement increase(inc children)
● Advertisements revenues ~ Kshs 100 billion !
● Commercial media interests prevalence
● Slated political coverage, punitive media
● Increased tensions, negating national cohesion & integration
● Media Council of Kenya “self-regulator” role is quite different
● Strong democracy must have effective checks and balances
31. Broadcast Regulation Framing
● Consumers voice not included on conversation
● New Fight “Free Media” vs. “Draconian Laws”
● Turf war - Communications Authority vs. MCK
● Freedom of Expression vs. Government Control
● Total disregard to Article 34 of the Constitution
● Lurid expression of sex and violence prevalent
● Accepted regulators have content oversight
● Provides room for industry-developed codes
● Programming Code included licensing conditions
● Media consumers complaints handling not covered
32. Notable Self-Regulation Exceptions
● Mechanisms effected (2013) avoided 2007 PEV
● Disparate “media ethics” initiatives/discussions
● Donors funding “media sphere” improvement
● Television content rating initiatives (KFCB?)
● Broadcasters slowly adopting “Editorial Policy”
● Differentiating new digital tv channels = choice
● Court decisions compelling media to improve
● Unfortunately, selective amnesia on adverse
judgements
● Constitution gradually forcing media improvement
33. Regulatory Capture and Rights Threats
● “Regulatory Capture” means manipulating public
regulatory entities to server private interests
● New “Institutional Corruption” threatens communication
in public interest
● Needless to say unconstitutional
● Public must be on guard against this threat
● Voice must be heard commenting on public
consultations (especially on ongoing CAs)
● Recommended: “How John Oliver Transformed the Net
Neutrality Debate Once” Last Week Tonight with John Oliver:
Net Neutrality YouTube video
34. Conclusions
● Public opinion sampled at Kikao Kikuu sittings
● Held Machakos, Nakuru, Mombasa and Nairobi
● Public decried broadcast content on radio and tv
● This opinion NOT aired by culprit broadcasters
● Whatever systems currently exist do not work
● Commercial interests must not corrupt society
● Article 11 of constitution (on media) be effected
● Broadcast Content Regulation is not optional
● Regulation not unconstitutional, on the contrary upholds it
● The media (and every person) must respect rights of all others
● Orchestrated misinformation, judging from the digital television
migration kerfuffle, has no future