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Law and Media

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Law and Media.

QUESTIONS: 1.) Discuss how the Kenya Information and Communications (Amendment) Act 2013 and the Media Council Act 2013 of the laws of Kenya are a threat to the freedom of the media enshrined in the constitution of Kenya. 2.) Justify the basis for which some works may not be eligible for copyright.

Q.1) Discuss how the Kenya Information and Communications (Amendment) Act 2013 and the Media Council Act 2013 of the laws of Kenya are a threat to the freedom of the media enshrined in the constitution of Kenya.
The Kenya Information and Communications (Amendment) Act 2013 and the Media Council Act 2013 are a threat to the freedom of the media enshrined in the constitution of Kenya. This is because it contravenes Article 34 of the constitution on media freedom that stipulates: 1.) Freedom and independence of electronic, print and all other types of media is guaranteed, but does not extend to any expression specified in article 33(2) 2.) The state may not a) Exercise control over or interfere with any person engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or b) Penalize any person for any opinion or view or the content of any broadcast, publication or dissemination. 3.) b) Are independent of control by government, political interests or commercial interests.

This two Acts ,The Kenya Information Communication (Amendment) Act and The Media council Act will enable a new government controlled regulatory board to impose hefty fines of up to half a million Kenyan shillings per journalists and up to 20 million Kenyan shillings if the government finds them in breach of the law. The regulatory board will also have the power to recommend de-registration of journalists and make any order on freedom of expression. This

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