Bid to cut down CA powers over television black-out

A bill aimed at trimming the massive powers of the Communications Authority of Kenya (CA) is in the offing.

Proposed by Suba MP John Mbadi, it seeks to amend the Kenya Information and Communication Act to significantly whittle down the powers of CA and transfer them to an oversight body comprising of media representatives. According to the amendments, which are expected to be placed before the House Legal Department this week for scrutiny, the MP wants to take away some of the powers of CA and vest them in another body, similar to the Media Council of Kenya (MCK).

Among areas the MP has proposed for amendment is Section 46 of the Act, which defines the regulatory powers of CA in relation to broadcast services. The section allows the authority, in consultation with the minister to make regulations that directly affect media houses.

“All regulations, including those touching on switch-offs should be subjected to a body comprising media representatives. CAK as it is currently is an arm of government. If the regulator decides to switch off the TV at any time, there is no recourse apart from the courts which in itself is a laborious process,” argued Mbadi.

He added: “We need to define clearly the parameters within which such interference can take place...Freedom of the media can only be realised if the media has control over transmission.”

Under the current Act, the authority has massive powers, which include licensing all systems and services in the communication industry.

The authority is also tasked with managing the country’s frequency spectrum and numbering resources. It can also revoke broadcast licences of media houses found to have breached regulations.

Poisoned relationship

Mbadi’s bid to tame the CA comes in the wake of poisoned relationship between the regulator and media owners over the former’s hard line stance on the digital migration.

During a National Assembly committee hearing on the impasse, several MPs criticised CA’s stance, with the authority insisting that its actions were derived from its constitutional mandate to regulate the industry.

Rarieda MP Nicholas Gumbo, who is also a member of the National Assembly Committee on Energy, Information and Communication, said yesterday that there is need to cut down on the massive powers currently enjoyed by CA.

According to him, the independence that has been granted to CA needs to be tempered with a clear focus on taking care of the the public interest.

“They (CA) have been misusing their powers, their behaviour is partisan. They should put the interest of the public first. To that extent, there is a need to tame the authority. The Act gives them independence, but the independence has to be in tandem with public opinion. If it doesn’t serve the public interest, what purpose does the independence serve? It has to be applied in a tempered manner. I think they were bullish and unnecessarily aggressive,” said Gumbo.

According to the sponsor of the bill, the powers of the authority are too massive and open to abuse.

“I get scared every time I hear the word “authority”. It gives the impression of a monolith that is under the control of nobody. With the Bill, some of its powers will be transferred to a commission,” the MP said.

The Kenya Information and Communication Act allows CA to act independently in providing a level playing ground for various media players in the country.