Lawyers add their voice to Communication Authority of Kenya decision against media

Commercial lawyers yesterday faulted the Communication Authority of Kenya (CAK) for the withdrawal of temporary authorisation for digital broadcasting and repossessing frequencies from Kenya’s three main media houses’ consortium, Africa Digital Network.

During a meeting in Mombasa yesterday, the lawyers said the drastic decisions failed to take into consideration the commercial communication rights of The Standard Group, Nation Media Group and Royal Media Services.

“There are other ways the CA could have handled the matter instead of resorting to such drastic action.

“It should have either compelled the stations to withdraw the advert and apologise or directed the withdrawal and fined them,” said Kimathi Kamencu in a workshop for commercial lawyers in Mombasa.

In the advertisement in question, the TV stations owned by the three companies accused two pay-TV networks of airing their content illegally.

Independence

Other lawyers accused constitutional commissions of failure to remain independent from State and other interferences, which has led to an increased number of court cases because aggrieved parties lack confidence in those bodies.

Kamencu, who presented a paper on consumer rights said that given that the three media houses control more than 70 per cent of the market, the CA should listen to its concerns.

“The Communications Authority exists because there are players it is regulating. Even if the said advert misinformed consumers, as a regulator you don’t go for punitive measures,” said Kamencu.

On Wednesday, Communication Authority of Kenya director general Francis Wangusi announced the withdrawal of the authorisation that allowed ADN, a consortium jointly owned by the Standard Media Group, Nation Media and Royal Service, to have their own digital distribution platform.

At the same time, the Authority took way all the 21 frequencies allocated to ADN, a move that has been criticised by industry players and the Coalition for Reforms and Democracy, terming it “economic sabotage”.

Remain united

Opposition leaders have also questioned the rational that CA used to allocate Pang, a Chinese company, 120 digital frequencies, Signet, which is owned by state broadcaster Kenya Broadcasting Corporation, 54 frequencies, Lancia Media eleven frequencies, and DMTV (GoTV) five, while the consortium that controls more than 70 per cent of the market had been allocated a paltry 21.

Yesterday, the lawyers also called on the media players to remain united, saying it was wrong for other station to support CA when it was clear that it had erred.

The lawyers were meeting at Best Western Hotel in Mombasa for a workshop to deliberate on consumer rights and awareness.

Those who addressed the forum included Capital Markets Authority acting chief executive officer Paul Muthaura and Michael Owuor from the Central Bank of Kenya.