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Reporters Without Borders
Press Release
12 December 2008
Reporters Without Borders has written to Kenyan President Mwai Kibaki
urging him to not to sign the Kenya Communications (Amendment) Bill 2008
into law. Otherwise known as the ICT Bill, it was adopted by parliament
on 10 December.
This is the text of the letter:
HE Mwai Kibaki
President of the Republic
Nairobi - Kenya
Paris, 11 December 2008
Dear Mr. President
Reporters Without Borders, an organization that defends press freedom
worldwide, would like to share with you its concern about parliament’s
adoption yesterday of the Kenya Communications (Amendment) Bill 2008,
otherwise known as the ICT Bill.
As you are aware, this particularly draconian bill has sparked an outcry
among Kenyan journalists and in the international community. If it is
signed into law, it would, in our view, represent a big step backwards
for press freedom in a country known for its diverse, outspoken and
professional news media. Kenya would lose its status as a model country
as regards the protection of freedoms. It would set a negative example
which the predators of press freedom in Africa would undoubtedly
exploit.
The ICT Bill violates all democratic standards by providing for heavy
fines and prison sentences for press offences. It also envisages the
creation of a government-appointed “communications commission” that
would be in charge of granting broadcast licences.
Article 86 of the bill gives the information minister the power to
interrupt broadcasts, dismantle radio and TV stations and tap
telephones, while the internal security minister, for his part, is
empowered to seize broadcasting equipment without referring to any other
authority.
Such police powers should not, in a democracy, be placed in the hands of
politicians. It would represent a complete denial of the principle of
the separation of powers and would give a formidable weapon to the
enemies of the rule of law.
Furthermore, we are astonished that the bill would even give the
information minister power to control programme content, as the
commission he appoints would also be responsible for ensuring the “good
taste” of broadcasts. It is not the job of any government minister to
pass judgment on the quality of news and information, especially as the
concept of “good taste” has no legal value.
We therefore call on you not to sign this bill into law. Your refusal to
ratify this bill would send a very strong signal. It would demonstrate
your respect for the Kenyan press and for the independent regulatory
bodies, which we moreover urge you to strengthen.
We hope you will give this request your careful consideration.
Respectfully,
Jean-François Julliard
Secretary-General
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