Broadcast Media in Kenya: The Role of CA as a Regulator Induction Training for new employees 27 th January, 2016

Who is CA? The Communications Authority of Kenya (CA), (formerly CCK) was set up in 1999 to regulate ICT services. CA’s mandate spans through the broadcasting, multimedia, telecommunications, e-commerce, postal and courier services. Our mandate includes managing Kenya’s frequency and numbering resources, facilitating a level playing field in the ICT industry as well as protecting the interests of consumers of ICT services. As currently constituted, CA is independent of control by political, government and commercial interests.

Who is CA? Our Vision Access to and use of information and communications services by all in Kenya by Our Mission Facilitate the transformation of lives through progressive regulation of the information and communication technology sector.

Contents Why regulate broadcastingCA’s role in broadcastingBroadcasting services overviewCurrent broadcasting statusDigital Terrestrial Television (DTT) platformProgramming Code and Complaint Handling ProcedureHighlights of the Programming CodeLocal content initiativesMain challenge

Why Regulate Broadcasting? Interest of minors Public interest Facilitate local programmes; Diversity and plurality of views; right to privacy of all persons Fair competition investment in the broadcasting industry

Laws Regulating Media In Kenya Laws governing the media (mainstream media, vernacular media, community media and even new media such as SMS messages and blogs)in Kenya exist in different sections of civil and criminal laws. The relevant sections of the Statutory Law of Kenya include: The Defamation Act, Cap 36; The Penal Code, Cap 63; The Books and Newspapers Act, Cap 111; Copyright Act, Cap 130; Preservation of Public Security Act, Cap 57; Public Order Act, Cap 56; Film and Stage Plays Act, Cap 222 (1962); Kenya ICT Act of 2007; KICA Act, the Media Act, 2007, among others. The Constitution is the supreme law.

ICT Policy 2006: Provides a rational and comprehensive framework to govern the establishment, ownership, control, management and delivery of information, entertainment and educational services to Kenyans through provision of efficient and reliable broadcasting. KICA (A) 2013 Part IVA: Gives the Authority the mandate to license and regulate the broadcasting sector in Kenya. Media Act: Chapter 411B provides for the establishment of the Media Council of Kenya; for the conduct and discipline of journalists and the media; for the self regulation of the media and for connected purposes. Main Laws Regulating Media In Kenya

CA’s Role in Broadcasting Licensing broadcasting operationsDeveloping programming standards Monitoring compliance with Programming Code

CA’s Role in Broadcasting Broadcasting Regulations, 2009 License Conditions Programming Code Complaints Handling Procedure

Broadcasting services overview Public TV and Radio Broadcasting ServicesCommercial Free-to-air TV and RadioCommunity Free-to-air RadioTerrestrial Subscription BroadcastingSatellite Subscription BroadcastingCable Subscription Broadcasting

Broadcasting Licensing Framework License categoryDuration (years)Application fees (KSHs) Initial license fees (KSHs) Annual Operation- fees (KSHs) 1. 1 Public Radio BS (non- commercial) 55,00050, Public TV BS (non-commercial) 75,000100, Public Radio BS (commercial) 510,000100,0000.5% 0f annual gross turnover or 100,000 whichever is higher 2.2. Public TV BS (commercial) 710,000200,0000.5% 0f annual gross turnover or 100,000 whichever is higher 3.1 FTA Radio (Commercial) 510,000100,0000.5% 0f annual gross turnover or 100,000 whichever is higher 3.2.FTA Radio (community) 31,00015, FTA TV (commercial)710,000200,0000.5% 0f annual gross turnover or 100,000 whichever is higher 4.2 FTA TV (community)51,00030,000 1)Spectrum Based Licenses

Broadcasting Licensing Framework License CategoryDurationApplication fees (KSHs) Initial license fees (KSHs) Annual operating fees (KSHs) 5. Digital mobile TV710,000100,0000.5% of annual gross turnover or 100,000 whichever is higher 6. Broadcast signal distribution 1510,00015,000,000 or by tendering process 0.5% of annual gross turnover or 1,000,000 whichever is higher 7. Terrestrial subscription TV 1010,000100,0000.5% of annual gross turnover or 100,000 whichever is higher 8. Cable subscription TV710,000100,0000.5% of annual gross turnover or 100,000 whichever is higher 9. Internet protocol TV (IPTV) services 510,000100,0000.5% of annual gross turnover or 100,000 whichever is higher 10. Satellite subscription TV710,000100,0000.5% of annual gross turnover or 100,000 whichever is higher 11. Subscription management services 710,000100,0000.5% of annual gross turnover or 100,000 whichever is higher 12. Landing Rights Authorization (for TVRO, International Cable Services N/A10,000.00USD $12,500N/A 2) Non Spectrum Based Licenses

Current Broadcasting Status 126 FM broadcast stations 2 Common Carrier digital broadcasting signal distributors (BSDs) 64 digital TV broadcasting content providers

Digital Terrestrial Television (DTT ) Platform

Programming Code and Complaint Handling Procedure

Highlights of Programming Code Local content 40% within one year, 60% within four years after receipt of licence. Advertisements -minimum of 40% local footage -not exceed seven (7) minutes in any 30 minutes of television broadcasting. Watershed period To air appropriate content to protect our children during the watershed period from 5am to 10 pm

Broadcasting Standards STANDARD Protection of minors Privacy RATIONALE Inappropriate, harmful content Harm and offence Intrusion into people’s private lives

Complaints Handling STANDARD RATIONALE Crime & crisis situations Broadcasting Standards Elections, Polling Period & Referendums Protection of consumers Glorification of violence & platform for terrorists Protection of democratic culture

Local Content STANDARD RATIONALE Fairness & discrimination Broadcasting Standards Persons with Disabilities Harm and offence Cultural diversity and national identity Right of reply Accessibility to broadcasting services

Accuracy & Impartiality STANDARD RATIONALE Religion Broadcasting Standards Advertising Preserve democratic culture Promote tolerance & respect for other faiths Decency, honesty and truth

Classification & Ratings STANDARD REGULATION Copyright Broadcasting Standards Protection of consumers Intellectual Property Rights

Broadcasters’ Obligations Promote accessibility to Broadcasting services PwDs. Observance and enforcement of the watershed period guidelines. Enforcement of 60% local content quotas for FTA TV by Enforcement and utilization of the complaints handling procedure and related mechanisms in broadcast complaints resolution. Involvement in promoting a responsible and responsive broadcasting culture that educates, informs, entertains, and promotes appreciation of our values, cultures and heritage. Observance of obligations such as compliance reports, storage of recordings, etc.

The future of Digital TV HDTV Mobile TV Interactive TV

Highlights of Programming Code Accessibility to broadcasting services by Persons with Disabilities (PwDs) -Sign language inserts for news and events of national importance -Signer should be of sufficient size and resolution. -Sign language interpreters with relevant qualification Others -Copyright -Accuracy, Balanced, Right of reply, Responsible reporting -Religious tolerance -Complaints Handling.

Local content initiatives Multiplicity of channels in the digital platform forums for engagement between broadcasters and content producers and distributors. CA sponsored part of the Kalasha event and issued an award to the station with the most local content and most compliant with PWDs access to programs Local TV content study to be done in this financial year

Main Challenge Sector Policy for broadcasting requires 30% local shareholding upfront unlike telecommunications that gives three years grace period to attain 20% local shareholding Applicants have a challenge in meeting this requrement in the broadcasting sector CA made a request in February 2015 to MoICT to align the broadcasting requirement to that of telecommunications by giving licensees three (3) years grace period to attain 30% local shareholding We will renew our request for consideration by MoICT

Q & A Consumer Rights in Broadcasting Services

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