1.Short title
This Act may be cited as the Media Council Act.
Plain English Summary
This section gives the official name of the law.
2.Interpretation
OFFICIAL LEGAL TEXT
In this Act, unless the context otherwise requires—
“Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to the media;
“code of conduct” means the code of conduct for journalists and media enterprises provided under section 45 and set out in the Second Schedule;
“Commission” means the Complaints Commission established under section 27;
“Council” means the Media Council of Kenya established under section 5;
“Court” means the High Court established under Article 165(1) of the Constitution;
“foreign journalist” means any journalist who is not a citizen of Kenya and accredited as such under this Act;
“journalism” means the collecting, writing, editing and presenting of news or news articles in newspapers and magazines, radio and television broadcasts, in the internet or any other manner as may be prescribed;
“journalist” means any person who is recognised as such by the Council upon fulfilment of a criteria set by the Council;
“media” means the production of electronic and print media for circulation to the public, but does not include book publishing;
“media enterprise” means an organization whose business involves the collection, processing and dissemination of news or news articles, or in entertainment and education through the media;
“political party” has the same meaning as assigned to it under Article 260 of the Constitution;
“programme” means sounds or visual images or combination of sounds and visual images that are intended to inform, enlighten or entertain;
“publication” means the dissemination to the public of any written, audio or video material, and includes materials disseminated through the internet.
Plain English Summary
This section defines important terms used throughout the Act including journalist, media enterprise, Council, publication, and journalism.
3.Guiding principles
(1) In exercise of the powers and discharge of functions under this Act, the Cabinet Secretary, the Council and committees established under this Act shall be guided by values and principles enshrined in the Constitution.
(2) In exercise of the right to freedom of expression, the persons specified under section 4 shall—
(a) reflect the interests of all sections of society;
(b) be accurate and fair;
(c) be accountable and transparent;
(d) respect the personal dignity and privacy of others;
(e) demonstrate professionalism and respect for the rights of others; and
(f) be guided by the national values and principles of governance set out under Article 10 of the Constitution.
Plain English Summary
This section requires the government minister, the Media Council, and its committees to follow the main values of the Constitution when doing their work. It also states that anyone using their right to free speech under this law must make sure they represent everyone in society. They must be accurate, fair, open, and responsible for their actions. Finally, they must respect the privacy and dignity of other people, act like professionals, and follow the national rules for good governance.
4.Application of the Act
This Act shall apply to—
(a) media enterprises;
(b) journalists;
(c) media practitioners;
(d) foreign journalist accredited under this Act; and
(e)consumers of media services.
Plain English Summary
This section outlines exactly who must follow this law. It applies to all media companies, local journalists, and media workers, as well as foreign journalists who are officially registered to work in Kenya. It also applies to everyday people who read, watch, or listen to the news and media services.