• So important are the issues that those in the freedom of expression realm must confront.
• It's wrong to flout the best practices because you want to test the constitution.
Image: FILE
As we prepare for the 2022 general elections, several issues on the regulation of media space and content are emerging.
So important are the issues that those in the freedom of expression realm must confront.
It is not about conflict of interest, professional misjudgement and irresponsible journalistic practice that relates to journalists.
The focus is on legal and moral expectations from those using the media space and exploiting gaps in the regulatory framework to test the limits of freedom of expression and access to information.
Some of the basic regulatory requirements for use of the media space in Kenya are in essence constitutional and have nothing to do with limiting freedom of expression.
Many of them have subsequently been included in relevant Acts of Parliament, policies and regulations.
More generally, in Kenya, freedom of expression is subject to the general limitation clause, Section 24 of the Constitution of Kenya.
Section 33(2) of the Constitution further limits Freedom of expression pointing to specific grounds.
Without these laws being contested in societies that respect the professionalism, responsible conduct and believe in self-regulation, it is wrong to flout best practices because you want to test the constitution.
Journalism is a profession and those who practice are guided by a code of conduct.
Ethics applies both online and offline including content platforms.
Practitioners, therefore, have no reason to flout basic requirements in the profession just because there are gaps in the law.
If you produce media content, you must abide by expectations around responsible content that ensure responsible consumption of the same.
That’s why international organizations such as UNESCO and media regulators across the globe invest in media and digital information literacy.
Some media space users abide by some self-respecting norms when using the platforms.
Such expectations include restrictions on instantaneous live broadcasting.
The use of digital platforms calls for the need to check on issues like hate speech, misinformation and related, and regulations on bulky SMS of political messages.
This applies where content might be harmful or private numbers have been obtained unlawfully.
It also applies to political advertisements where mischievous or rich politicians decide to buy all advertising space in the media and lock out others.
Many of these regulations are made in good faith and for the good of society.
Indeed, the onset of digital media has greatly expanded the media space and increased the number of content producers.
The impact of social media platforms especially on content consumption, information sharing and influencing especially during an election time is tremendous.
Practices like going live online during public rallies, user-generated content and political party generated content that is disseminated publicly are huge.
Currently, the country does not have regulations for online broadcasters and influencers.
Many people are misusing these platforms including plagiarising content that others have spent a fortune on generating.
The journalism profession has a set of theories, practices, and methods of doing things that define and set parameters that those seeking to join the profession must adhere to.
That will differentiate them from media workers and other freedom of expression practitioners.
The fact that you are involved in sharing opinions, both online and at the marketplace does not make you a journalist- and the Council has no business with such.
Given the sensitivity and poor media literacy skills, journalists who run online media outlets must stick to professionalism.
They should abide by the code of conduct especially when generating materials that ordinary people, who know them as journalists, will have trouble taking.
Recognising and appreciating the importance of such professional obligation, many media outlets in Kenya have developed social media and blogging policies for their journalists.
That enables them to still observe professionalism even within their private space.
Journalism is public life and requires its professional members to maintain decorum in their dealings.
Leading media groups including the Nation Media Group, the Standard Group and Radio Africa group have very clear guidelines on this.
Indeed, even international groups including the BBC, Reuters and CNN have policies that strongly emphasize adherence to the code of ethics, both online and on traditional media.
The media companies are explicit that these guidelines will help their journalists in the use of online platforms without undermining their professionalism and compromising the company’s credibility.
Borrowing from the industry practice, the Media Council of Kenya has suggested that a provision be included in the code of ethics for the practice of journalism in Kenya.
The online media with journalistic content and its users have a chance to freely exchange ideas without breaching the law while observing professionalism.
This is meant to ensure contents are moderated based on professionalism before publishing.