Opinion: Disputes settlement tribunal in media industry now set up

Deputy Chief Justice and Vice President of the Supreme Court Philomena Mwilu photo:courtesy

An event signalling a major policy shift in the regulatory framework of the media, broadcast and telecommunications industry took place on June 16, 2017.

This was the swearing into office of the chairperson and members of the Communications and Multimedia Appeals Tribunal (CAMAT) in a ceremony presided over by Deputy Chief Justice and Vice President of the Supreme Court Philomena Mwilu.

Those appointed are chairperson William Oketch, a senior judicial officer of the rank of Senior Resident Magistrate and former Complaints Commissioner with the Media Council of Kenya; Annette Nasiaki Okello, an ICT consultant with over 15 years of experience in the ICT industry; Dr Isaiah Kibet Cherutich, a broadcast journalist with over 18 years’ experience in the media, broadcast and public relations industry; Ms Janet Nasimiyu Wekesa, an Advocate of the High Court of Kenya with over 10 years legal practice experience and Mr Ibrahim Maina Mutembei, an Advocate of the High Court of Kenya with over seven years legal practice experience.

JURISDICTION

The tribunal is established under Section 102 of the Kenya Information and Communication (Amendment) Act 2013.

Its jurisdiction includes the power to hear complaints against any publication or conduct of a journalist or media enterprise; to hear appeals against the decisions of the industry regulators, the Communications Authority of Kenya and the Media Council of Kenya, and complaints by any citizen who is aggrieved by an action or decision of licensees who are telecommunications service providers under the Kenya Information and Communications Act.

The tribunal brings functional clarity in multimedia regulatory framework and will be vital in protecting the constitutional rights of telecom service providers and consumers to goods and services of good quality.

Article 46 of the Constitution guarantees consumers the right to goods and services of reasonable quality and to protection of their health, safety, and economic interests.

It is therefore obvious that the tribunal has a fundamental role in promoting and ensuring orderly growth of the telecom sector due to Kenya’s emergence as a regional ICT hub.

It is essential for telecommunications regulators to have an effective and efficient dispute resolution system since failure to resolve disputes quickly can limit competition, delay innovation and impede investment in the sector.

DISCRETION

Granted, the media laws enacted by Parliament in 2103 did not gain stakeholder confidence and instead sought to limit media freedom. It is also accepted that there is need to address growing concerns on gross violation of journalistic standards by media practitioners.

There are concerns about heavy fines imposed against journalists or media enterprises adjudged to have violated the Act.

In contrast the tribunal holds the view that the fines provided do not, in any way, mean that they will be automatically imposed once cited to be in breach of professional ethics.

The provisions allow for discretionary sentencing where the tribunal has been provided with statutory limits of an acceptable sentence for a breach — but the tribunal must weigh out and decide based on the facts of a particular case, what would be a reasonable and appropriate fine commensurate to the breach.

In exercising discretion the tribunal members will also be guided by the tenets of due process, the rule of law, impartiality, accountability and objectivity.

The task ahead is monumental and the tribunal members are calling upon  media stakeholders and the general public to support the tribunal in realising its mandate. They should also work together towards realising the common goal of professional journalism based on excellent reporting, gender sensitivity and entrenchment of the basic principles of ethics and professionalism, which include the principles of fairness, accuracy, truthfulness and objectivity.