Attempt to tame ‘errant’ broadcasters is a hideous scheme to please moral police

George Nyabuga

A few months ago, the media, civil society, various individuals and organisations fought a vociferous and effective battle against some draconian legislation meant to stifle press freedom. That the Government acceded to the demands was indicative of the willingness to listen and yield to legitimate concerns.

However, the Government is back to its usual mischief. On Friday, Information and Communications Minister Samuel Poghisio published a law requiring licensees to ensure broadcasts do not contain offensive language, profanity and blasphemy. The law bans the discussion and publication of explicit sexual matters. The law was effective January 1 meaning those offering ‘explicit’ sexual content have been breaking the law.

The Kenya Communications (Broadcasting) Regulations 2009 also seeks to control the number of frequencies held by broadcast media companies. The ‘one frequency per spot’ rule holds that "all licencees, except the public broadcaster [Kenya Broadcasting Corporation (KBC)], shall not be assigned more than one broadcast frequency for radio or television broadcasting in the same coverage area," said the Ministry’s Permanent Secretary Bitange Ndemo.

The reintroduction of such regulations shows how seriously flawed the thinking of those in Government is. They seem to pander to the ideals advocated by moralists who seek to contain whatever offerings are available to a oftentimes highly discerning and disparate audience. For how would the Government, and subjective individuals with own attitudes and beliefs, determine what is offensive? Are there set criteria for determining offence? According to whose standard is ‘offence’ to be determined?

While we acknowledge that the Government often seeks to advance and protect its people’s interests, and want to promote and maintain societal and cultural sensitivities and wellbeing, the notion that it will tame ‘errant’ broadcasters, media organisations and media owners with some ‘draconian’ legislations is ill-advised, repressive, and retrogressive.

Although I subscribe to the notion that no broadcaster shall glorify violence, or publish material that promote ageism, ethnic, racial hatred, or vilify people due to their nationality, gender, sexual preference (yes, gay bashing should stop), religion, culture, and disability, there are others that offend individual liberties, and media freedoms.

As English philosopher John Stuart Mill argues in his seminal work, On Liberty, we should not have a government that seeks to control the etiquette and morality of its people. His contention is that the mere fact that a certain law or public opinion is for the good of an individual or welfare should not justify that law or public opinion as a coercive force.

To him, coercion by the many toward the individual (tyranny of the majority) is only acceptable when an individual poses a threat to others. Essentially, the only time individuals or society as a whole can interfere with individual liberty is for self-protection. In short, as Mill holds, ‘over himself, over his own body and mind, the individual is sovereign’.

Like Mill, I hold that Kenyans as rational human beings have the capacity to choose what is good, or indeed bad, for themselves. They do not want a government that controls every facet of their lives. Put differently, many Kenyans want a limited government with little interference in personal liberties; a government that does not attempt to micro manage their lives and behaviour with such mundane issues as to who can consume this or that content.

Besides, is it foolhardy to limit the number of frequencies that a company can hold especially because the recent migration from analogue to digital broadcasting will increase the number of frequencies available? Even though I sometimes agree that media concentration (too many products in the hands of a few individuals or organisations) is detrimental to society’s desire for pluralism, we cannot play zero-sum games. The Government cannot preach economic liberalism and control at the same time, unless of course the industry is essential to a people’s survival.

The Government should not attempt to control or limit investments in the media. Most are legitimate businesses that should be left to operate freely as long as they do not offend some ‘acceptable’ moral and cultural norms.

In short, Kenyans must guard against the tyranny of the political rulers, government mandarins, and moral police who want to foist on us what is good for us, or control what we should consume.