SECTOR 1 • • • Pay taxes and pledge to bank at least one copy of each issue with the Registrar to serve as part of the public archive; Pay a KSh1 million (about US$12,500) bond to pay up for libel claims (Refundable if newspaper closes); Register with the General Post Office so that the publication can be audited by the Audit Bureau of Circulation. Article 9(4) of the Books and Newspapers Act states that violators of the legal requirement for publishing and distributing a newspaper “shall be guilty of an offence and liable to a fine not exceeding KSh20 000 (about US$250) or imprisonment for a term not exceeding six months, or both.” In practice, newspapers can begin publishing while complying with the requirements. But in many cases, publishers choose to ignore the process entirely. Even though such publications are considered illegal, they are often left alone by the authorities because they are generally considered “small and inconsequential” newspapers. “The law exists but is not enforced robustly, [and so] compliance is weak.” Nevertheless, unregistered newspapers remain vulnerable to crackdown from the authorities. “When the police decide, such newspaper publishers are all criminals.” Scores: Individual scores: 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator 5 Country meets all aspects of the indicator Average score: 1.9 (2005 = n/a), 2007 = n/a, 2009 = 1.4) 1.6 Entry into and practice of the journalistic profession is not restricted by law. Kenya’s Media Act of 2007 tries to describe conditions for entry into and the practice of journalism. It considers a journalist to be: “...any person who holds a diploma or degree in mass communication from a recognised institution of higher learning and is recognised as such by the [Media] Council, or any other person who was practicing as a journalist immediately before the commencement of this Act, or who holds such other qualification as 18 AFRICAN MEDIA BAROMETER KENYA 2012