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All that is needed for digital migration to take place in a civilised way is for the Communications Authority of Kenya (CA) to accept that its conceptualisation of broadcasting freedom, which is protected by Article 34 of the Constitution, is wrong and allow NTV, KTN, Citizen and QTV to resume broadcasting pending their importation of set-top boxes.
As it will take time for these media houses to import set-top boxes, Kenyans should not, in the meantime, be condemned to uncivilised life. CA’s wrong action was based on the decision of the Supreme Court in Petition Number 14 of 2014, Communications Commission of Kenya & 5 others v Royal Media Services & 5 others, which was decided in September, 2014. The Supreme Court too got wrong the concept of broadcasting freedom in a democracy.
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