SECTOR 3

Broadcasting regulation is transparent
and independent; the state broadcaster
is transformed into a truly public
broadcaster.
3.1
Broadcasting legislation has been passed
and is implemented that provides for a conducive
environment for public, commercial and community
broadcasting.
Analysis
Broadcasting legislation has been slow on reforms. It has now defined three tiers
of broadcasting namely public, private and community, and also differentiates the
roles. The Kenya Communications (Broadcasting) Regulations 200917 defines the
roles, the license conditions, and obligations of each category of broadcaster.
The Kenya Broadcasting Corporation is designated as the Public Broadcaster
established by an Act of Parliament – CAP 221 of the laws of Kenya – to
undertake public services, and assume the government functions of producing and
broadcasting programmes by sound or television.
The Broadcasting regulations in article 13 (2) provide for CCK through the
frequency plan, to ensure that an equitable number of frequencies or channels are
reserved for community broadcasting.
The Statute Law (Miscellaneous Amendment) Act 2009 established the
Broadcasting Content Advisory Council that will be responsible for the
administration of the broadcasting content, and the mechanisms for handling
complaints. The Act makes provisions for appointment of inter alia, two members
by the Media Council of Kenya, one from the Law Society of Kenya and two
nominated by CCK, one of whom shall be recommended by the inter-religious
forum.

17 The regulations became law in January 2010, after Media Barometer 2009 had taken place.

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AFRICAN MEDIA BAROMETER KENYA 2009

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